Is Apple’s App Store Operating Outside The Law?
Here’s an interesting question for you: Is Apple’s App Store operating outside of Australian law?
Here’s a few points for you to consider:
First of all, under Australian consumer law, “All products must be safe, durable, free from defects, fit for purpose, acceptable in appearance, match its description and match any sample or demonstration model“. Businesses must honour all guarantees, including express and extended warranties.
Basically, if you buy an app from the App store, but find it to be a dud, you’re entitled to some form of remedy; typically you could expect this to be a refund of the price that you’ve paid for the app.
Now, let’s look at the App store’s conditions of sale, which states very simply that all sales are final.
So, if you try to get a refund because an app is described on the app store using misleading terms, describing features that don’t exist or don’t work properly, and that by a reading of the Australian Consumer Law, you seem to be entitled to a refund, the App store’s conditions seem to deny you this, and if you try to get such a refund … good luck.
The practical aspect of this is that most apps on the App store are inexpensive. VEry inexpensive, and if the app costs you just one or two dollars, then you’ll probably be inclined to just eat the loss.
But that doesn’t alter the underlying principle here: that it may be that the App store is acting in breach of Australian law.
Will the Australian Government do anything about this? They seem to have a whole department dedicated to Australian Consumer Law, but I’ll be willing to bet that they don’t – and won’t – do a bloody thing.
So much for consumer rights!Posted in: Grumpy Old Man Gripes, Latest