Digital Download Refunds

21 replies
Can any Warriors advise me on UK and USA law regarding digital download refund policy.
I wish to start a niche service selling such items. I am unsure about online regulations regarding this. I'd also like to know if a buyer can chargeback from paypal or a credit card after downloading.
Thanks in advance!
#digital #download #refunds
  • Profile picture of the author Janet Sawyer
    I've no doubt that Amazon had a whole team of lawyers on this one.

    Here is their page explaining their terms and conditions for refunds of digital products.

    Amazon.com Help: Terms of Use



    Asda's return policy excludes software

    Please note that your right to return an item does not apply to certain items unless these items are faulty or misdescribed. Such items include:

    CDs, DVDs, videos and computer software, which may be restricted to an exchange for the same title to reduce the risk of unlicensed copying;
    {{ DiscussionBoard.errors[5172255].message }}
    • Profile picture of the author londoncoffee
      Thanks Janet. I will be selling PSD files. But i've heard stories of people being able to chargeback while keeping goods, which is stealing in my books. And paypal protect buyers more than sellers! As these items are unique designs, i would add a clause that copyrights are automatically handed over on reciept of goods. If they chargeback, then they relinquish copyrights and are liable to legal proceedings if they use my work. But its a complicated area, and is i'd be selling to UK and USA and as a sole trader, not too sure. Thanks again.
      {{ DiscussionBoard.errors[5172324].message }}
      • Profile picture of the author Janet Sawyer
        Originally Posted by londoncoffee View Post

        Thanks Janet. I will be selling PSD files. But i've heard stories of people being able to chargeback while keeping goods, which is stealing in my books. And paypal protect buyers more than sellers! As these items are unique designs, i would add a clause that copyrights are automatically handed over on reciept of goods. If they chargeback, then they relinquish copyrights and are liable to legal proceedings if they use my work. But its a complicated area, and is i'd be selling to UK and USA and as a sole trader, not too sure. Thanks again.
        OK, you need to make sure that YOU retain the copyright until cleared payment is received for the accepted goods. (In other words, they are satisfied with the works you have provided to them).

        If a client you provide goods for does a charge back and then continues to use the works. Make sure you have retained all the paperwork for the original brief, their transaction details and a copy of the exact works provided. Also make sure this work is digitally time stamped.

        You will then be able to issue a DMCA notice to their webhosts to have your unpaid for works removed from their sites. Most webhosts, comply with DMCA notices. (Well they do when I send them!)

        This is just general advice, I am not a Lawyer or Solicitor.
        {{ DiscussionBoard.errors[5172402].message }}
      • Profile picture of the author Ben Gordon
        Originally Posted by londoncoffee View Post

        Thanks Janet. I will be selling PSD files. But i've heard stories of people being able to chargeback while keeping goods, which is stealing in my books. And paypal protect buyers more than sellers! As these items are unique designs, i would add a clause that copyrights are automatically handed over on reciept of goods. If they chargeback, then they relinquish copyrights and are liable to legal proceedings if they use my work. But its a complicated area, and is i'd be selling to UK and USA and as a sole trader, not too sure. Thanks again.
        Yep - when I was in the info product industry that sometimes happened and I couldn't do anything. It's unfortunate and rare but you're still going to have to deal with it. The only was you can get out of it is by requesting their signature which is practically impossible via selling digital goods.
        {{ DiscussionBoard.errors[5172479].message }}
  • Profile picture of the author Tim_Carter
    Actually Paypal will side with the seller on digital product disputes. It is not covered under the Buyer protection and is stated specifically on their terms of service. I have never lost a dispute as a seller of digital goods. Just escalate any dispute to a claim and put "Downloadable goods" and you will always win as a seller.

    Having said that - you should make sure they actually got the product (DLGuard or similar will take care of this.)

    Paypal also automatically fights chargebacks. Give them all of the relevant information in a chargeback situation. Use something like DLGuard to record their information in case of a chargeback. I have only had about four chargebacksa in six years of business and won three.

    So you are doing a lot of worrying about nothing.

    As for refund policy - that is up to you. I have a no refunds policy on my PLR stuff. Never an issue.
    {{ DiscussionBoard.errors[5172677].message }}
    • Profile picture of the author nicheblogger75
      Originally Posted by Tim_Carter View Post

      Actually Paypal will side with the seller on digital product disputes. It is not covered under the Buyer protection and is stated specifically on their terms of service. I have never lost a dispute as a seller of digital goods. Just escalate any dispute to a claim and put "Downloadable goods" and you will always win as a seller.

      Having said that - you should make sure they actually got the product (DLGuard or similar will take care of this.)

      Paypal also automatically fights chargebacks. Give them all of the relevant information in a chargeback situation. Use something like DLGuard to record their information in case of a chargeback. I have only had about four chargebacksa in six years of business and won three.

      So you are doing a lot of worrying about nothing.

      As for refund policy - that is up to you. I have a no refunds policy on my PLR stuff. Never an issue.
      Good info here. As far as refunds go, it's part of the downlaod game. you are going to have folks who downlaod and refund. There are people that do that all day long to get free stuff.

      When I first started out, I used to fight them all as long as I had the download access recorded (E-Junkie records the IP and time of the download).

      I would always win, but about two years ago I got a notice from Paypal. It stated that my "complaint rate" was at 2.8% (higher than their accepted 2.5%). This was because I wasn't making that many sales at the time (about 100-110 per month), and I had 3 disputes which escalated into claims. They advised me to "adjust" my refund policy to avoid account suspension.

      Evidently, a dispute does not count as a "complaint" unless it escalates to a claim. So, if you just refund the money, you have nothing to worry about. You could make 100 sales and issue 50 refunds and there is no problem as long as they don't escalate to claims. This is another safety net that Paypal has in place to protect the buyer.

      The more business you do, the more you'll see Paypal is all about the buyer.

      As far as chargebacks, in my experience, that's almost always a win for the buyer. I don't even bother to fight those.

      In fact, I don't fight any of them anymore. If someone wants a refund, I just give it and chalk it up to being part of the biz. I advise you to do the same. And don't let it get to you. It's not really a reflection on your product, it's all about unscrupulous buyers most of the time.
      {{ DiscussionBoard.errors[5172900].message }}
  • Profile picture of the author Tim_Carter
    It isn't that big of a problem for disputes for me. I don't get more than one or two a year.
    {{ DiscussionBoard.errors[5173079].message }}
  • Profile picture of the author Eddie Titan
    If a buyer submits a charge back for a digital download product, regardless of what the situation is, Paypal will side with the buyer because they have to.

    The reason for this:

    When a buyer files a chargeback he/she bypasses the Paypal dispute system. It is no longer a Paypal dispute. It is a credit card and bank dispute.

    You should avoid chargebacks from buyers at all costs. Paypal does not like them and may freeze your account as a result of excess chargebacks.

    If someone wants their money back it would be in your best interest to just refund the money.

    Read this
    and this
    and this
    Signature
    New Members Challenge! Join me in 2012. Set an income goal for the New Year and achieve it!
    {{ DiscussionBoard.errors[5173145].message }}
  • Profile picture of the author Eddie Titan
    Paypal does not "automatically" fight chargebacks. They notify you of the chargeback and ask you for more information. If you decide to dispute the chargeback and provide the necessary information. They will go ahead and act on your behalf and dispute the chargeback with the information you provided them. Of course if you decide to settle, there is no need for any of that.

    I have been in this situation before and I have talked to a supervisor in Paypal's risk management/assessment department. He was very careful when discussing the difference between a refund request using paypal's resolution center and a chargeback. Both are handled in the resolution center, but the latter has very little to do with the buyer. It is the buyers bank and Paypal's bank (which then goes to Paypal's chargeback department and then to you).

    The only time Paypal will automatically fight a chargeback is when the chargeback comes in for a tangible product. If paypal already has a tracking number to prove the product has been shipped and received by the buyer, they may automatically dispute the charge. But since this thread is about digital products, I think we can rule that out.

    I have been involved in three chargebacks. One chargeback came from an American Express card. Jessie said it was a closed case because American Expresses is very strict on charge backs. Buyers apparently always win unless you have written consent showing buyers agreement. Which is why I now use American Express as my main credit card although I have never filled a chargeback.

    The other two were either visa and/or MasterCard. Both of which I just decided to refund without dispute.

    Originally Posted by Tim_Carter View Post

    I have won three out of four
    That's pretty good. Nice job.

    Originally Posted by Tim_Carter View Post

    But most people that chargeback never request a refund. They just charge back.
    Yep no argument there. I never said they did or didn't. A chargeback is a return of funds to the consumer which is what a refund is.
    Signature
    New Members Challenge! Join me in 2012. Set an income goal for the New Year and achieve it!
    {{ DiscussionBoard.errors[5173891].message }}
    • Profile picture of the author Chris Thompson
      Guys ... with digital downloads the ONLY WAY TO DO BUSINESS is to simply grant refunds to anyone who requests them, within a reasonable time period. For example with PayPal you can issue a refund up to 60 days. After that you can send them money by PayPal.

      60 days is reasonable.

      If you sell a good product your refund request rate will be low. Some people will steal from you by requesting a refund even though they like your product. THAT IS LIFE. Just deal with it.

      The last thing you need is someone accusing you of being a scammer, so just refund people if they ask. Don't sweat it.

      Every expert in the business will tell you the same.
      {{ DiscussionBoard.errors[5174501].message }}
      • Profile picture of the author Tim_Carter
        Originally Posted by Chris Thompson View Post

        Guys ... with digital downloads the ONLY WAY TO DO BUSINESS is to simply grant refunds to anyone who requests them, within a reasonable time period. For example with PayPal you can issue a refund up to 60 days. After that you can send them money by PayPal.

        60 days is reasonable.

        If you sell a good product your refund request rate will be low. Some people will steal from you by requesting a refund even though they like your product. THAT IS LIFE. Just deal with it.

        The last thing you need is someone accusing you of being a scammer, so just refund people if they ask. Don't sweat it.

        Every expert in the business will tell you the same.

        We are speaking about fraud not refund requests. A whole different matter. I agree with the refund thing.
        {{ DiscussionBoard.errors[5174616].message }}
  • Profile picture of the author Chris Thompson
    It's the same thing in my book. If you get a refund request for ANY REASON, just grant it.

    It only becomes a case of theft later if you catch the refunder using your material. And that's obviously subject to DMCA in many markets.
    {{ DiscussionBoard.errors[5174666].message }}
    • Profile picture of the author wordwizard
      Originally Posted by Eddie Titan View Post

      Paypal does not "automatically" fight chargebacks. They notify you of the chargeback and ask you for more information. If you decide to dispute the chargeback and provide the necessary information. They will go ahead and act on your behalf and dispute the chargeback with the information you provided them. Of course if you decide to settle, there is no need for any of that.

      I have been in this situation before and I have talked to a supervisor in Paypal's risk management/assessment department. He was very careful when discussing the difference between a refund request using paypal's resolution center and a chargeback. Both are handled in the resolution center, but the latter has very little to do with the buyer. It is the buyers bank and Paypal's bank (which then goes to Paypal's chargeback department and then to you).

      The only time Paypal will automatically fight a chargeback is when the chargeback comes in for a tangible product. If paypal already has a tracking number to prove the product has been shipped and received by the buyer, they may automatically dispute the charge. But since this thread is about digital products, I think we can rule that out.

      I have been involved in three chargebacks. One chargeback came from an American Express card. Jessie said it was a closed case because American Expresses is very strict on charge backs. Buyers apparently always win unless you have written consent showing buyers agreement. Which is why I now use American Express as my main credit card although I have never filled a chargeback.

      The other two were either visa and/or MasterCard. Both of which I just decided to refund without dispute.



      That's pretty good. Nice job.



      Yep no argument there. I never said they did or didn't. A chargeback is a return of funds to the consumer which is what a refund is.
      So do I understand this correctly that when there's a chargeback (i.e., stolen card), you can get it eliminated by simply refunding the money? Or telling PayPal to refund it? Is that an effective way to protect yourself from PayPal trouble?
      Signature

      FREE Report: 5 Ways To Grow Your Affiliate Income

      Let Me Help You Sell: Sales Letters, Email Series, Pre-Sell Reports... PM me & we'll talk!
      {{ DiscussionBoard.errors[5381776].message }}
  • Profile picture of the author AndyBlackSEO
    I hate serial refunders. They make my blood boil. I don't get a great deal of issues in this department but have had some over the years that purchase a software app from me then dispute the payment 20 minutes later saying that they never managed to download the software and therefore want an immediate refund. I then check the database on my server to find out they have in fact downloaded the software and also successfully install it on THREE machines and then activate ALL three copies before initiating the dispute.

    On a couple of occasions, after I remove their license from my server and they realise their software has been disabled they have 're-purchased'.

    The fact is, there will always be people out there that want to get other peoples hard work for nothing.
    Signature
    [FREE SEO TOOL] Build 29 Effective, High Authority Backlinks that Will Increase Your Google Rankings in 2020... CLICK HERE ...
    ... Instant backlinks that can get you results within 24-72hrs.
    {{ DiscussionBoard.errors[5382339].message }}
  • Profile picture of the author paulie123
    You can use eBook Pro to cut down on fraud. The few people who I know that have used it say that it has worked like a charm and has the seller in control. Just my 2 cents
    {{ DiscussionBoard.errors[5384810].message }}
  • Profile picture of the author TrafficBot
    Clickbank is a nightmare when it comes to their refund policy. You can use someones product for 58 days and on the 59th day they can refund. My accounts alone show $1,000's in refunds. Its just the nature of the beast.
    {{ DiscussionBoard.errors[5384838].message }}
  • Profile picture of the author stuff2
    I remember someone made a point that for them it was a waste of time to fight every refund. His said he could crank out more info products.

    May be that's why people just put e books on free site to get back at not getting a refund.
    {{ DiscussionBoard.errors[5386634].message }}
    • Profile picture of the author Crowmagnum
      I have been doing this for many years and I have been able to avoid charge backs and scammers. It's a process that tends to piss off some people because you remove their right to rip you off.

      Here's how it works:
      Digital products are not a physical item, so they are easily disputed, you can have all the proof you want of a person receiving their product via download, it don't matter they rule against you in most cases.

      So the only real way to protect yourself against these crooks is to send them their product on CD, which I do. It cost me about 2 bucks for each Cd that includes the CD the mailer and the postage. Then you have proof they received their product physically, not only that the tracking number or D/C proves it.

      I also add a code to the download. This way they can download the product right away as I advertise, but you can not use the product without the code. There is two ways to get the code.
      1 Is you receive your CD in the mail.

      2 You agree to the digital download terms.
      The digital download terms clearly states you agree that you have received the product that you paid for via download.If you do not agree to the digital download terms, you will not receive the unlock code until you have received your physical product being a CD in the U.S. mail.

      I have only lost one transaction out of 1,000 since I implemented this policy.My download agreement explains to the customer that the world is not a perfect place, so to protect you and I we have this policy. If you do not agree to these terms, then you will have to wait for your CD to arrive in the mail. I never got 1 complaint.

      Also I inform the customer there is no refunds once you download the software or we ship your CD. PayPal thought this was the greatest idea anyone ever came up with. Here's a little added feature.

      Shipping international can be complicated tracking unless you use UPS, by using that unlock code on all my products download or CD they have to contact me saying hey, I got me CD I need the unlock code. Now I have proof that they also received their product in the form of a written email.The best part is you can advertise instant download, which they can, but they don't know they can't use the product without the code. So it's a catch 22. I don't like to do this, but I have to because their is a whiner, a thief and someone out there you will never please in every 100 customers. I have ways to deal with them all. Don't let smiling faces fool ya, they're only out ta ______ ya. If you tread each transaction with reservation it is your best defense against dirt bags.

      There's a lot of dirt bags out there that have no problem ripping you off. Be creative and always be on your guard.There is nothing worse than a customer doing a charge back and getting your product for free.
      You may piss a few people off, but I look at it this way, better them then you.

      Here's the bottom line. PayPal will rule in your favor if they received a physical product in the mail. $2.00 is a very small insurance policy against lost payment. This rule does not apply to eBay.
      eBay is a joke, and if you sell on there you are asking for problems. Run your own site and your own rules.

      The only way you will lose against using PayPal using this policy is, if they go to their credit card company and dispute it. PayPal is a gateway they are not a direct credit card processor, and because they are a third party processing system for credit cards it creates a problem. ( YOU'LL LOSE) 99 percent of the time.

      The way you get around that is, you use a credit card processing company like merchant 1 or your bank. They are used to dealing with change backs and you will win every time if you have the proof as outlined above.

      Years ago PayPal used to put a notice by the payment saying it was paid via CC and you could accept or reject it. I would always reject it and tell the customer we do not accept credit cards.
      Times have changed and they no longer provide that luxury. If you do decide to use a credit card processing company make sure they are not a gate way like PayPal, r you could be jumping from one fire in to the next.

      I am done writing my book, I hope you get some good advice out of this.
      {{ DiscussionBoard.errors[5841348].message }}
  • Profile picture of the author Chris Lockwood
    Sending all those CDs sounds like way more hassle and expense than just refunding a small percentage of buyers.
    {{ DiscussionBoard.errors[5841486].message }}
  • Profile picture of the author Crowmagnum
    Chris it all depends on how much your individual products sell for. Mine sell for over 100 bucks and higher. So I have to do it my way. If I was selling apps for phones for 5 bucks I wouldn't waste my time on a CD I would just program a dis abler in to the app that would stop working if they didn't enter a code at the end of the charge back claim period. I guess you could call it a time bomb.... Google just pulls the app right from your phone. So yes you have to base a system on how far you would go to protect your interest and what your cut off line is. So if you can afford to lose 5 bucks, then that's your cut off line.
    {{ DiscussionBoard.errors[5841557].message }}

Trending Topics