Quote:
Originally Posted by HarryT
I'm not at all sure about that, Graham. FW have to pay the distributor at the time that you buy the book; do you really think that the distributor will refund FW their money simply because you've neglected to download the book?
The sale is "complete" when FW provide you with the download link. It seems to me that it's your responsibility to ensure that you download it, and that FW cannot be held to be responsible for any failure to do so on your part.
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This might depend on where you try to enforce the contract. As a general rule, a sale isn't considered complete under US law until you receive the goods or services for which you've paid. The question, which hasn't been submitted to judgment AFAIK, is whether the 'goods' is the book or the link?
Personally, from FW's advertising (which can be taken into account when determining the issue) I'd say it's the book-so the sale isn't complete until you download it. That does, however, put quite a burden on FW so I wouldn't want to bet that a judge would see it the same way. And non-US jurisdictions (or even regional/local variations in the US) might see it differently.