Can I get a refund for a downloaded game that’s faulty?

QI bought the game Warhammer 40,000: Deathwatch for PS4 (pictured) via the online Playstation store on 25 June, for £15.99. But because the game has so many bugs it is impossible to play it properly. I reported this to Sony asking for a refund, but was told to approach Rodeo Games, the game’s developer, for help. Sony said that because I’d downloaded and played the game it didn’t have to give me a refund. Is that right?

No, Sony is mistaken to say that Taff has to contact Rodeo Games. One of the major improvements to your rights under 2015’s Consumer Rights Act (CRA) is protection for software, and digital downloads such as games, music and videos. Like physical products, these must now be fit for purpose and as described. Retailers (not developers) must give refunds where appropriate.

We suspect that Sony’s customer service has mixed up two laws. Its refusal to refund Taff is probably based on the Consumer Contract Regulations (CCRS). This states that if you buy

Asoftware or digital goods, you’re entitled to a full refund within 14 days only if you haven’t downloaded it. This would apply in Taff’s case if the game was fit for purpose, but several reviews on gaming websites show that it’s riddled with bugs, and therefore just as inherently faulty as any physical good that doesn’t work from day one. In our view, Sony must fix the software or refund customers.

Sony told Taff to write to its legal department: Sony Interactive Entertainment Europe, 10 Great Marlborough St, London, W1F 7LP. But we’re hoping it won’t come to that. We’ve contacted Sony to point out that reports of flaws in the game could mean that it’s faulty. If so, under the CRA it must refund Taff and other gamers.