Can they do this?

[Winnie McDaniel]

What is the name of your state (only U.S. law)? California

This thread is more because I am ticked off, than anything else. A few months back, I purchased some games from the Apple App store. These were older games that I had played before and they weren't available with my current operating system anywhere else, those were all listed for older operating systems. The ones on the app store said they were for OS10.6 and later. Total for the games is $60, and I bought them because I really enjoyed them. I downloaded them and they didn't work. I went to the support website but the games weren't listed anywhere. I sent an email off and never got a response.

Fast forward a bit and I file for a refund with Apple. They send back and tell me the developer confirms they work. Contact the developer. I dig around on the developers website only to find out that these games have been discontinued, not playable, no support, no updates. I send this back to Apple and this morning get the following:

Thank you for your reply with the information about the games no longer being supported. I can appreciate your request to have your funds returned as you are unable to play the apps, and I will certainly review your request today.

After carefully reviewing your case, we’ve determined your purchase doesn't meet the conditions for a refund. If you’d like to learn more about our refund policy, see this page:

http://www.apple.com/legal/internet-services/itunes/ww

Please be aware that the iTunes Store is a 'storefront' selling products offered to us by the copyright holders; the store has no direct impact on what changes occur with these products. Apple is not responsible for third party apps and is fully addressed in the iTunes Store Terms and Conditions, which are accepted when purchasing, downloading and using the iTunes Store. For your convenience I have provided the link here so you may review it at your leisure:

http://www.apple.com/legal/internet-services/itunes/

I would like to apologize for the inconvenience this situation has caused. Please be assured that we are always looking for ways to improve your experience with the iTunes Store, which is why we have a form you can fill out to submit your comments, suggestions and ideas and you can find the form here:

http://www.apple.com/feedback/itunesapp.html

We here at iTunes, recognize that no one is better qualified to provide feedback about our store than the members of our iTunes Store community. Your email may make the difference​

How is this legal? There is an implied Warrant of Merchantability here and I relied on their information when it said that the games would work on 10.6 or higher. There are other reasons they could deny the refund, but does just saying we don't support 3rd party apps allow them to abdicate all responsibility?

 

[quincy]

What is the name of your state (only U.S. law)? California

This thread is more because I am ticked off, than anything else. A few months back, I purchased some games from the Apple App store. These were older games that I had played before and they weren't available with my current operating system anywhere else, those were all listed for older operating systems. The ones on the app store said they were for OS10.6 and later. Total for the games is $60, and I bought them because I really enjoyed them. I downloaded them and they didn't work. I went to the support website but the games weren't listed anywhere. I sent an email off and never got a response.

Fast forward a bit and I file for a refund with Apple. They send back and tell me the developer confirms they work. Contact the developer. I dig around on the developers website only to find out that these games have been discontinued, not playable, no support, no updates. I send this back to Apple and this morning get the following:

Thank you for your reply with the information about the games no longer being supported. I can appreciate your request to have your funds returned as you are unable to play the apps, and I will certainly review your request today.

After carefully reviewing your case, we’ve determined your purchase doesn't meet the conditions for a refund. If you’d like to learn more about our refund policy, see this page:

http://www.apple.com/legal/internet-services/itunes/ww

Please be aware that the iTunes Store is a 'storefront' selling products offered to us by the copyright holders; the store has no direct impact on what changes occur with these products. Apple is not responsible for third party apps and is fully addressed in the iTunes Store Terms and Conditions, which are accepted when purchasing, downloading and using the iTunes Store. For your convenience I have provided the link here so you may review it at your leisure:

http://www.apple.com/legal/internet-services/itunes/

I would like to apologize for the inconvenience this situation has caused. Please be assured that we are always looking for ways to improve your experience with the iTunes Store, which is why we have a form you can fill out to submit your comments, suggestions and ideas and you can find the form here:

http://www.apple.com/feedback/itunesapp.html

We here at iTunes, recognize that no one is better qualified to provide feedback about our store than the members of our iTunes Store community. Your email may make the difference​

How is this legal? There is an implied Warrant of Merchantability here and I relied on their information when it said that the games would work on 10.6 or higher. There are other reasons they could deny the refund, but does just saying we don't support 3rd party apps allow them to abdicate all responsibility?

Yes, Apple can do this. Your complaint is with the third party app developer and not with Apple.

 

[Winnie McDaniel]

Yes, Apple can do this. Your complaint is with the third party app developer and not with Apple.

I'm wondering how I would go about getting a refund then, as it was Apple that charged my credit card. I could easily go through my credit card company to get a refund as I did not get what I paid for, and IF Apple truly has no interest, they shouldn't have a problem, but I don't want to get into a problem with Apple. I guess I will try to call the third party and see what happens.

 

[quincy]

I'm wondering how I would go about getting a refund then, as it was Apple that charged my credit card. I could easily go through my credit card company to get a refund as I did not get what I paid for, and IF Apple truly has no interest, they shouldn't have a problem, but I don't want to get into a problem with Apple. I guess I will try to call the third party and see what happens.

Contacting the third party is a good step to take.