As a form retailer I can tell you that your in the grey area.
As stated - a cheat will demand their money back no matter what - If the description of the product (in this case the specification) is accurately based on the rig used / tested on and it works and you state that on 100% customised scenery on a rig with X capability 10FPS was achieved the caveat is "BASED ON". You cannot be responsible for a rig thats low graphic card (or none at all) where the processor is running all the graphics and sound through the same CPU. You can only state what it has achieved on the X specification.
Here we do not have what exactly is wrong with the graphics that the buyer complains about. Was the buyer expecting XBOX grade? If so, they are in cloud cuckoo land!
From my experience, irrespective your countries laws on selling etc you can ask them to be a little more clear about the issue found (there could actually be a problem that you dont know about or saw when testing - it does happen!) Work with you to identify and then if there is an issue provide a fist on table update straight to them. Looks nice and they feel they are important
Your stage is to say we want to "work with you" to identify what the problem is-
IF they come back and say Im getting 6FPS , and you state your getting 10 as a standard - then OK - there may be issues
Are they getting 6 on line or off line - because online chews the FPS as well because of the system updating especially on or near the ground. i.e. on finals
if they come back with flicker, holes, missing textures etc in places - where ???
As stated having been in the game for so long Ive had every excuse to get money back shot at me. If the scenery is doing what you say and this person is more of less saying that all they get is what you "advertised" then technically they are not entitled.
3 main things to consider.
- Satisfactory quality Goods shouldn't be faulty or damaged when you sell them. You should ask what a reasonable person would consider satisfactory for the goods in question. For example, bargain-bucket products won’t be held to as high standards as luxury goods.
- Fit for purpose The goods should be fit for the purpose they are supplied for, as well as any specific purpose before you agreed to sell the goods.
- As described The goods supplied must match any description given by you, or any models or samples shown to you at the time of purchase.
If you done this OK its in your favour.
What have you charged (you dont need to tell us here) BUT, is it similar to professional scenery companies out there presently. If its more of less a couple of beers then is it worth fighting?
Give them the money back as "a gesture of goodwill". AND keep your good name and LEARN from it.
In the small print (font 5
) you can state that use after refund or distribution to any other party is considered "Piracy" . Basically dont use it (and unless you have licence checking protocols that isnt enforceable)
Bottom line - you can fight if your right and as stated above customers are always right (NO THEY ARE NOT!) - People only read T's and C's cursory I dare anyone to say they read ALL the terms of use before clicking through.
But, any customer who feels hard done by can post about you in so many places that could impact future sales of ANY product you create (and they know this).
Just revisit your product, revisit your advertising and check and recheck. Then in small print add in sold as seen.