4

Over a year ago, I purchased a license for Spine. At the time, it had an offer from $99, to $69.

I didn't have plans to use it yet, but I purchased it at the time to catch a better price. However, since I bought it, it has always had that pricing. Reviewing the Internet Archive, the pricing as it's shown today has been perpetual since 2016.

While there's no deadline, it gives the impression that it's a discount, but in reality it's an arbitrarily inflated price, struck out, with the normal price next to it.

Is this pricing actually legally compliant, and if not, where can one report such behavior?

The organization is based in Washington, United States.

Regarding governance, these are the relevant terms of the license:

17 Governing Law. This Agreement is governed by and construed in accordance with, without regard to conflicts of law provisions, the internal laws of:

(a) the State of California and any suit, action, or proceeding arising out of or relating to this Agreement will be brought in the state or federal courts located in Los Angeles County, California; or,
(b) England and Wales, provided You are located in the United Kingdom, Norway, Switzerland, or a member state of the European Union, and any suit, action, or proceeding arising out of or relating to this Agreement will be brought in the courts located in London, England.

You irrevocably submit to the exclusive jurisdiction of these courts in any such suit, action, or proceeding and waive any objection based on improper venue or forum non conveniens.

18 Trade Control Laws. The Spine Editor and Your use of the Spine Editor are subject to United States and international laws, restrictions, and regulations that may govern the import, export, and use of the Spine Editor. You agree to comply with all such laws, restrictions, and regulations.

https://esotericsoftware.com/spine-editor-license#s17

2
  • 2
    What's the location of the developer of the software? Where is the website hosted? Different places have different laws.
    – nick012000
    Commented Aug 22, 2020 at 13:18
  • Sorry about that, I've appended the post with the business location, and other locations mentions in the license agreement.
    – Seth Falco
    Commented Aug 22, 2020 at 15:03

1 Answer 1

6

In England and Wales, falsely suggesting a sale or discount price would be contrary to the Consumer Protection from Unfair Trading Regulations 2008.

https://www.hants.gov.uk/business/tradingstandards/consumeradvice/goodsandservices/pricinglaw

practices that have been widely used by businesses for many years are now deemed under the Guide as “less likely to comply” or, in other words, more likely than not to be viewed as misleading and in breach of the CPUT Regulations.

So what is now less likely to comply?

  • Price establishing for 28-days within a 6-month period

  • Using a reference price that applied many months (at least more than 2 months) prior to the promotion.

  • Using a reference price when only a minimal amount of product actually sold at that price. There is now an expectation that a
    business will have sold a “significant number” of units at the higher price in order to make a price comparison.

https://marketinglaw.osborneclarke.com/advertising-regulation/no-more-28-day-rule-pricing-and-promotions-under-the-spotlight/

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .