Short overview on international sales

[CoolHand]

Some of us have bought the game online (well, most I guess), and then again have bought it from a foreign online shop.

I am not 100% sure how the legislation on this is outside of the scandinavian countries, but I think it shouldn't bee to different. Here is the law of the (Norwegian) land anyway:

If you buy an electronic product (not physical) by downloading (a streaming movie, a computer game), it is NOT considered to be ruled by the consumer act (forbrukerkjøpsloven). In fact, there is currently no written legislation on this subject. That means your purchase is ruled by non-statutory law. Most of the general principles in these rules are basicly the same as the "kjøpsloven" (sales of goods act): http://www.lovdata.no/all/nl-19880513-027.html.

The international convention on sales of goods is, at least in Norway, considered to contain most of the general legal principles  on sales of goods in most of the European countries: http://www.cisg.law.pace.edu/cisg/text/treaty.html

The EU directive which is valid in all EU countries, which is almost identical to the CISG in most practical terms, can be found here: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31999L0044:EN:NOT.

Now, what does this all mean?

As a consumer, if you buy an electronic product online, you are probably not covered by consumer acts, since it is not considered a physical product.

That means your legal rights is governed by three sets of rules: The legislation, if any, in the country where you bought the product. Second, general contract legislation, which is non-statutory, but will be based on the general principles you find in the CISG and the EU directive 1999/44/EC. Both the directive and the CISG is applicable in the EU, but the directive is considered to have the final say in any situation where the CISG and the directive don't agree.

Third, as long as the license agreement with, lets say, EA does  not violate the national legislation, CISG or the directive, you are bound by that license agreement. For most practical purposes, you ARE bound by the license agreement when you buy a game, for instance BF4, online.

Also, the general rule in international law considering buying products abroad, is that it is the country of the online shop that dictactes what set of national law is applicable. In Norway this means that if you buy the game from a online shop in the US, it is the US legislation that rules the purchase. Same thing buying from a UK online shop, then it is the UK law. The online shop is considered to be in the country where their office is situated. The location of the server is not the same thing. The shop will have a main office or a branch office linked to the online web site. This office dictates what countrys laws apply (although this can be hideously difficult to decde). Also, to complicate this further, the license agreement can tie you to any national legislation, since this is a international pruchase. EA can, for instance, tie all European consumeres to US law, as long as this is stated in the license agreement when you buy the game.

So, to sum it all up, here is the different legal rules governing your purchase, in hierarchical order:

1) License agreement, as long as it is not in violation of 2) - the choice of which national legislation that should be used can be stated in the license agreement.
2) The laws and acts in the country where the office connected to the online site is situated OR the legal system in the country stated in the license agreement. This CAN be in conflict with 3) or 4), in which case 1) and 2) has priority.
3) Principles laid down in EU Directive 1999/44/EC (if in the EU or EEC)
4) Principles laid down in CISG

See you later tonight!

[kregoron]

I buy my games from HK, i guess im doomed nah kiding asside

EA has launched
http://www.origin.com/news/origin-great-game-guarantee

Steam hasn't officially done it, but ive had a fair few game orders cancelled due to lack of quality. Just asked their support nicely.

[CoolHand]

That guarantee is quite good, actually. You're covered, I guess. As am I...

I buy my games from HK, i guess im doomed nah kiding asside

EA has launched
http://www.origin.com/news/origin-great-game-guarantee

Steam hasn't officially done it, but ive had a fair few game orders cancelled due to lack of quality. Just asked their support nicely.