if you download or use this iOS App within fourteen days of buying it, you will no longer be eligible to cancel this purchase

While I cannot tell the situation outside the EU, as long as you are with in the EU, there is no such thing as "your one refund" (@Dah*veed) I'm afraid, and also no such thing as a "final sale". Within in the EU you have a unconditional right to return anything purchased online within 14 days, provided it was not produced specifically for you upon order. Therefore, as far as my knowledge goes, this clause should be void and I'm curious to see how long Apple will use it.

All sales are final. Apple usually allows one refund. It sounds like you have received your one refund.

ASC - Late 2012 Mac mini, macOS 10.12.3;  Watch, 38 mm silver AL, watchOS 3.1; iPad Air 2 & iPhone 7+, iOS 10.2.1; TV 4th Gen,  Airport Express

Apple isn't excluding it from cancellation or return, Apple is excluding it from cancellation or return if it is downloaded. Once it's downloaded the consumer has the product and there is no actual way to return it. Meaning folks can lie through their teeth to get their money back. "Once the genie is out of the bottle it can't be put back." Apple obviously encountered too much abuse of the system and has chosen the more restrictive EU compliance method.

You can go on as much as you want about Apple can't do this or that Apple can't do that in the EU, but there are articles in the tech press reporting the issue and Apple appears to be within its rights to protect its content developers/owners from financial abuse by download theft.

And should you continue to press your issue that, in your opinion, Apple is doing something illegal, you may find your comments removed and yourself excluded from the forums.

Moving on.

Dah*veed, I seem to hurt your feelings here — so sorry, if that's the case. 😉 I'm CEO of an iOS app publisher and a lawyer, so I have both an interest in earning money through our work as well as everyone being compliant to EU regulations, including Apple. Being a lawyer myself I know very well that such regulatory questions can be complex and are not easy to answer, that's why I'm raising the issue here. You argument that Apple is only excluding return after download doesn't hold up, by the way, as there is no way that I'm aware of to prevent an app from being downloaded upon purchase — and even if, the return policy is there to ensure you don't to pay for something else than the seller promised. Without testing the app that's impossible. It's not that I don't understand Apple's pain — I'm in the same boat —, but unlike for movies and books, which are prone to abuse, for apps this makes no sense.

Lastly, if you believe removing a legitimate legal discussion from the forums or excluding the participants altogether, then you might consider your position with respect to democracy and freedom of speech.

No, no feelings involved. It just seems bizarre to dig up a month's past thread to basically start a conflict. Like perhaps you are bored or something.

As a lawyer, my sister is one as well, you must be aware of the fact that there is no requirement for democracy or freedom of speech on a privately held internet forum. What the owner says goes is what goes. It's a dictatorship all of the way.

In fact, when we opened our ASC accounts, one of the things that we agreed to in the Terms of Use, is that we would not use the forums to question Apple's product or business decisions. Apple's return policy in the EU is a business decision.

I just did some research and at least in Germany the introduction of a new legislation 2014 suggests that Apple is in fact compliant excluding digital products and downloads from the return policy. It's not exactly a nice move for customers who don't commit any abuse, but alas, that's their decision. I can't say how the situation is outside Germany.

As per freedom of speech, of course ASC is not legally subject to it. I'm more concerned about your own position as to the best way of ensuring exchange of opinions and information — regardless of any Terms of Use.

And finally, no — I'm the farthest away from being bored, by all means. I just have a very strong feeling for fairness and never shy away of confrontation. I simply think while this might be legally correct, it's not very friendly behaviour especially to those who leave thousands of dollars each year with Apple.

Anyway, as you said, let's move on. Thanks for the conversation and thoughtful responses.

Yes, the Apple policy for the EU allows folks to claim a refund for a digital download within 14 days without a reason.

However, Apple will not allow EU folks to turn digital downloads into a try it and return it store. The system is coded to detect abuse. If Apple detects too many refunds being made within a short period of time, it'll cut off the ability for an account to return digital purchases.

Apple has maintained this liberal policy for 2 years now. But it could have chosen a less friendly path. Apple could also have implemented an online warning with digital downloads that you may only cancel a sale within 14 days if you have not actually downloaded the software and remained in EU compliance. Which is how Apple currently deals with accounts determined to have abused the return policy.

Dah•veed, I'm afraid you might be wrong here. It's not up to Apple to decide which comsumer protection laws are applicable to them or not. They can cancel the relationship to an abusive customer altogether, but they cannot exclude individual purchases from return.

I for example have out of my hundreds (probably thousands) of purchases returned maybe half a dozen over time and I've been starting to receive this message only recently without prior return of any purchase. Thus here's is something fishy and probably legally questionable.