Why video game refunds for broken games are a consumer right

Matt of PC Gaming Enthusiast puts his background in law to good use as he argues in favor of the consumer.

He writes:

"In the case of games, where the “sale” is almost always really a software license agreement, the reasoning remains the same, despite the frequently included term in these licenses that the software is offered “as is”. Such "as is" contractual terms are only meaningful when a consumer has had a chance to fully inspect a good being sold before purchase, and is willing to purchase it anyway despite known defects."

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WilliamUsher1194d ago

Now if only more press started arguing on behalf on the consumer we wouldn't have half as many problems as pervasive as they are in the industry.

kneon1193d ago

I'd just be happy if gaming journalist stopped looking the other way when reviewing games from their favorite franchises or publishers.

How many times have we seen games get 9's and 10's only to find out when we start playing them that they are riddled with bugs?

-Foxtrot1194d ago

Unless you get stupid fans who say something like "I just enjoy it for what it is" when you try to express criticism.

That's a good idea...let them off the hook

You could say that excuse for anything

<Plays Superman 64>

"I'm enjoying it for what it is"


LaWiiG1193d ago

I think you hit the nail on the head. For games that are blatantly pushed out to the public with no repercussion is where the problem lies.

If a game comes from an indie development team and is 3.99, you might then fight for the "enjoy it for what it is" argument.

Aloy-Boyfriend1193d ago

My head almost exploded last year reading Ass-Greed Unity day 1 owners saying the launch wasn't that bad post 7 GB patch...

LaWiiG1193d ago

That's 7 freakin' gigs, man. That's the size of some games even nowadays.

-Foxtrot1193d ago

Kind of the same with Battlefield 4 players

"Well it's better now"

Yeah a bloody year later

What about Destiny

"Oh it's a little better with the Taken King"


1193d ago
-Foxtrot1193d ago


Battlefront Beta...or Battlefront Demo, a representation of what gamers are most likely going to get at launch.

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donthate1193d ago (Edited 1193d ago )

The problem with "criticism" is it is an opinion, and people have different opinions of how it "should" be.

By expressing your criticism, and somebody disagreeing with you isn't letting someone of the hook. It is letting people decide for themselves.

Let's not become hive mind in either direction of agreement or criticism, but focus on free speech and discussion productively.

I'm not disagreeing with you, but I think the market seems to be doing what it is suppose to. Things that are more problematic are ignorance or spreading outright lies. Happens a lot here on n4g!

-Foxtrot1193d ago

So what about if you criticize how broke games like Assassins Creed Unity, Battlefield 4, SimCity were at launch or how games like Duke Nukem Forever and Alien Colonial Marines were just plain terrible

Not really opinion is's fact, they were broken and the others were just bad games.

Some things we end up getting within the industry you just have to step back and go "Hang on...this is not what we should be getting, we are paying for this we deserve better".

TeamLeaptrade1193d ago

For broken games this needs to happen. People deserve a refund if what they're getting isn't what was advertised.

sonerone1193d ago

This is uk law since last week.

Gwiz1193d ago (Edited 1193d ago )

This is exactly why pre-orders are a bad thing most of the time,you're spending money on a promise.

kneon1193d ago

You can just cancel your pre-order before it ships if you change your mind.

Jubez1871193d ago

Pre-orders are fine, you can always cancel. What's the difference between blindly paying the 60 day of release or throwing 5 dollars down. Most reviews come out before the game does anyways so if there's crazy bugs you can know.

Gwiz1193d ago (Edited 1193d ago )

Refunds are not a consumer right,you should read an EULA or ToS agreement.
Software has no warranty,a retailer usually doesn't refund for buggy games unless the publisher in question enables them to do it.

Articuno761193d ago

They are in the UK as of this month.

Gwiz1193d ago

Consumers is international not just one country.

donthate1193d ago

Refunds can be a consumer right.... it is in some places now.

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wraith49121193d ago

What constitutes a broken game though? Don't get me wrong I agree but it seems like a very slippery slope.

LaWiiG1193d ago

If a game has something that impedes the completion, then it should be considered broken. Like a move. If you go to the movies and the equipment fails and you can watch it in its entirety. You should get a refund.

Spotie1193d ago

Buy what if a game is still playable, yet comes replete with lots of bugs and glitches? Not game breaking, but still annoying. Does that count?

If some people CAN compete the game despite the bugs, does that invalidate the claim as a whole that the game is broken?

I agree that a refund should be possible, but the question of where to draw the line is anything but easy.

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