I have an issue with an app, game or software download
Digital content such as a mobile phone app or a downloaded computer game or software is covered under the Consumer Rights Act 2015. This states that digital content should be:
- Of satisfactory quality (free from faults)
- Fit for the purpose made known (for example if you asked the trader for software compatible with a particular device, then find out its not compatible)
- Match the trader’s description
- Be the traders to supply or they should have permission to supply the content
What am I entitled to?
If you believe the content to be faulty when purchased, then you can ask the trader to repair or replace if it which they should do within a reasonable period of time.
If it’s not possible for the trader to repair or replace the content or it wasn’t the theirs to sell then you may be entitled to a full or partial refund to account for use.
If you ask the trader for a repair or replacement within the first 6 months of purchasing the goods, the it falls to the trader to prove they were not faulty when sold to you after this 6-month period it falls to the you to prove otherwise.
If you purchase or receive free digital content from a trader and it causes damage to your device or any other digital content that you own, then you can ask the trader to repair the damage for free and within a reasonable period of time. If it’s not possible for the trader to repair the damage, then you may be entitled to claim damages under Scottish Common Law.
What should I do next?
If you haven’t already done so then you should try to speak with the trader about your problem to see if you can to come to an agreement. You can then follow this up with a more formal letter of complaint. It’s best to send this by signed for mail which will allow you to check that it’s been received, alternatively you could send an email with a read receipt. You should also give the trader a reasonable timescale to reply.