elitekaosb16_ESO wrote: »If you are in the UK don't let some store owner BS you with 'It's open' or 'You've already used the serial number' or the even more stupid 'You've accepted the terms and conditions'.
Our countries law sits head and shoulders above any companies rules, most of which do not even comply with local legislation .
coryevans_3b14_ESO wrote: »elitekaosb16_ESO wrote: »If you are in the UK don't let some store owner BS you with 'It's open' or 'You've already used the serial number' or the even more stupid 'You've accepted the terms and conditions'.
Our countries law sits head and shoulders above any companies rules, most of which do not even comply with local legislation .
lol
I know you're right, but lol.
Paulington wrote: »coryevans_3b14_ESO wrote: »elitekaosb16_ESO wrote: »If you are in the UK don't let some store owner BS you with 'It's open' or 'You've already used the serial number' or the even more stupid 'You've accepted the terms and conditions'.
Our countries law sits head and shoulders above any companies rules, most of which do not even comply with local legislation .
lol
I know you're right, but lol.
Actually, @coryevans_3b14_ESO is wrong, but that's okay because almost everyone is when it comes to the Sales of Goods/CCR/EU Regs.
First of all, shops do NOT have to accept a return, there are only two reasons you can get a refund and it's if the item is not of mercantile quality or not fit for the purpose described. So, it either has to be faulty or not fit for purpose, only then are you guaranteed a refund.
Other than those two specifications, return/refund policy is totally at the shop's discretion. You have no right to return an opened game if it is not faulty. If you open ESO, play it for a while, can't get on the server for a few days and decide the game is "faulty" you are going to have a bad time. The game works, the disc works and you have no right to a refund or return.
Now, you would have a right to return the game if the disc didn't work or if it didn't boot up or something like that but because you can't access the servers due to the issues of another company? Nope, you have no leg to stand on.
Even the CCR has provisions against this type of thing occurring, you can't return opened games unless they are faulty.
Shops are well within their right to refuse refund/replacement of items.
Paulington wrote: »or not fit for the purpose described. .
Gandrhulf_Harbard wrote: »Paulington wrote: »or not fit for the purpose described. .
Unable to log in for more than 3 minutes at a time would, in any reasonable judgement, meets the requirements of "not fit for the purpose described".
All The Best
Zenimax Terms of Service wrote:ZeniMax does not guarantee that any Services will be available at all times, in all countries and/or all geographic locations, at any given time, or that ZeniMax will continue to offer any particular Services for any particular length of time.
Paulington wrote: »coryevans_3b14_ESO wrote: »elitekaosb16_ESO wrote: »If you are in the UK don't let some store owner BS you with 'It's open' or 'You've already used the serial number' or the even more stupid 'You've accepted the terms and conditions'.
Our countries law sits head and shoulders above any companies rules, most of which do not even comply with local legislation .
lol
I know you're right, but lol.
Actually, @coryevans_3b14_ESO is wrong, but that's okay because almost everyone is when it comes to the Sales of Goods/CCR/EU Regs.
First of all, shops do NOT have to accept a return, there are only two reasons you can get a refund and it's if the item is not of mercantile quality or not fit for the purpose described. So, it either has to be faulty or not fit for purpose, only then are you guaranteed a refund.
Other than those two specifications, return/refund policy is totally at the shop's discretion. You have no right to return an opened game if it is not faulty. If you open ESO, play it for a while, can't get on the server for a few days and decide the game is "faulty" you are going to have a bad time. The game works, the disc works and you have no right to a refund or return.
Now, you would have a right to return the game if the disc didn't work or if it didn't boot up or something like that but because you can't access the servers due to the issues of another company? Nope, you have no leg to stand on.
Even the CCR has provisions against this type of thing occurring, you can't return opened games unless they are faulty.
Shops are well within their right to refuse refund/replacement of items.
Paulington wrote: »Gandrhulf_Harbard wrote: »Paulington wrote: »or not fit for the purpose described. .
Unable to log in for more than 3 minutes at a time would, in any reasonable judgement, meets the requirements of "not fit for the purpose described".
All The BestZenimax Terms of Service wrote:ZeniMax does not guarantee that any Services will be available at all times, in all countries and/or all geographic locations, at any given time, or that ZeniMax will continue to offer any particular Services for any particular length of time.
You agreed to that when you bought the game/made an account, depending on interpretation and that combined with the EULA means you understand that the game may not always be accessible.
An allegory is if you bought ESO:TU today and tomorrow ZOS shut down all the servers, if you have opened the game you are not entitled to a refund because the game is not faulty.
There's no way around it, you cannot return a game because you can't access multiplayer unless the disc and game itself that you just bought is faulty if you've already opened the seal.
Paulington wrote: »Gandrhulf_Harbard wrote: »Paulington wrote: »or not fit for the purpose described. .
Unable to log in for more than 3 minutes at a time would, in any reasonable judgement, meets the requirements of "not fit for the purpose described".
All The BestZenimax Terms of Service wrote:ZeniMax does not guarantee that any Services will be available at all times, in all countries and/or all geographic locations, at any given time, or that ZeniMax will continue to offer any particular Services for any particular length of time.
You agreed to that when you bought the game/made an account, depending on interpretation and that combined with the EULA means you understand that the game may not always be accessible.
An allegory is if you bought ESO:TU today and tomorrow ZOS shut down all the servers, if you have opened the game you are not entitled to a refund because the game is not faulty.
There's no way around it, you cannot return a game because you can't access multiplayer unless the disc and game itself that you just bought is faulty if you've already opened the seal.
You're talking as if they made you sign the EULA BEFORE you purchased the game, you're in your full rights in the UK to return products if it's not fit for purpose (as you said earlier); and this constitutes as not fit for purpose as you cannot access the content as advertised on the box; If you signed the EULA before purchasing the items then you are screwed as you should have been aware of this before hand.
Also please be aware that the rights in the UK are different to EU, just because we're in the EU doesn't mean we follow all the EU ways/laws.
In the UK most people here would be covered by the 2014 Consumer Contracts Regulations. Theses apply to all purchase you make at a distance, so either online, mail order, over the phone or through a shopping channel. (not a shop on the high street)
Your right to cancel an order starts the moment you place your order and doesn't end until 14 days from the day you receive your goods. As this 14 day period is the time you have to decide whether to cancel, the seller can’t say that you must have returned the goods within this time frame.
There are some orders where you won't have the right to cancel.
These include items that are bespoke or personalised, goods likely to deteriorate rapidly, CDs, DVDs and computer software where the seal is broken.
As we are talking software (which is what a digital download is classed as) then unless you can sucessfully claim that you cant access the servers in a timly fashion and on demand, then you will not be able to get a refund.
That said, if the OP has been unable to stay connected and has been through their tech support process (The seller must have been given a chance to fix the problem) then he would have a very good case for a full refund.
Just not liking the game is not going to get your money back.
Darthbob977 wrote: »Is there anyway of getting my money back?
As we are talking software (which is what a digital download is classed as) then unless you can sucessfully claim that you cant access the servers in a timly fashion and on demand, then you will not be able to get a refund.
Sithisvoid wrote: »Here in the states they will try to tell you no, but in the end the customer is always right and you can return almost anything with a little patience and the right attitude. Unless it's digital. If it's digital you're boned.
Sithisvoid wrote: »Here in the states they will try to tell you no, but in the end the customer is always right and you can return almost anything with a little patience and the right attitude. Unless it's digital. If it's digital you're boned.
@Sithisvoid Not entirely true. Steam just implemented a new refund policy. Additionally, as much as I hate EA, they refunded me a game and gave me a 20% off coupon for any future purchase through Origin. I was super surprised by that one.
Edit: Steam Refund link: http://store.steampowered.com/steam_refunds/
Sithisvoid wrote: »Here in the states they will try to tell you no, but in the end the customer is always right and you can return almost anything with a little patience and the right attitude. Unless it's digital. If it's digital you're boned.
@Sithisvoid Not entirely true. Steam just implemented a new refund policy. Additionally, as much as I hate EA, they refunded me a game and gave me a 20% off coupon for any future purchase through Origin. I was super surprised by that one.
Edit: Steam Refund link: http://store.steampowered.com/steam_refunds/
Being refunded by steam only works if you played the game for under 30 minutes.. which is technically impossible because running the launcher patcher takes most people longer than 30 minutes to update and it still counts as running the game
Sithisvoid wrote: »Here in the states they will try to tell you no, but in the end the customer is always right and you can return almost anything with a little patience and the right attitude. Unless it's digital. If it's digital you're boned.
Paulington wrote: »coryevans_3b14_ESO wrote: »elitekaosb16_ESO wrote: »If you are in the UK don't let some store owner BS you with 'It's open' or 'You've already used the serial number' or the even more stupid 'You've accepted the terms and conditions'.
Our countries law sits head and shoulders above any companies rules, most of which do not even comply with local legislation .
lol
I know you're right, but lol.
Actually, @coryevans_3b14_ESO is wrong, but that's okay because almost everyone is when it comes to the Sales of Goods/CCR/EU Regs.
First of all, shops do NOT have to accept a return, there are only two reasons you can get a refund and it's if the item is not of mercantile quality or not fit for the purpose described. So, it either has to be faulty or not fit for purpose, only then are you guaranteed a refund.
Other than those two specifications, return/refund policy is totally at the shop's discretion. You have no right to return an opened game if it is not faulty. If you open ESO, play it for a while, can't get on the server for a few days and decide the game is "faulty" you are going to have a bad time. The game works, the disc works and you have no right to a refund or return.
Now, you would have a right to return the game if the disc didn't work or if it didn't boot up or something like that but because you can't access the servers due to the issues of another company? Nope, you have no leg to stand on.
Even the CCR has provisions against this type of thing occurring, you can't return opened games unless they are faulty.
Shops are well within their right to refuse refund/replacement of items.
Consumers have become the most entitled, self important know it alls in general. Demands of refunds and compensation are, quite frankly, ridiculous. If EA servers for fifa are down you get threads demanding compensation and people acting like they are the Kings of retail law giving advice left, right and center.
Nice to see some sensible posts on here though between the usual nonsense.
elitekaosb16_ESO wrote: »Paulington wrote: »coryevans_3b14_ESO wrote: »elitekaosb16_ESO wrote: »If you are in the UK don't let some store owner BS you with 'It's open' or 'You've already used the serial number' or the even more stupid 'You've accepted the terms and conditions'.
Our countries law sits head and shoulders above any companies rules, most of which do not even comply with local legislation .
lol
I know you're right, but lol.
Actually, @coryevans_3b14_ESO is wrong, but that's okay because almost everyone is when it comes to the Sales of Goods/CCR/EU Regs.
First of all, shops do NOT have to accept a return, there are only two reasons you can get a refund and it's if the item is not of mercantile quality or not fit for the purpose described. So, it either has to be faulty or not fit for purpose, only then are you guaranteed a refund.
Other than those two specifications, return/refund policy is totally at the shop's discretion. You have no right to return an opened game if it is not faulty. If you open ESO, play it for a while, can't get on the server for a few days and decide the game is "faulty" you are going to have a bad time. The game works, the disc works and you have no right to a refund or return.
Now, you would have a right to return the game if the disc didn't work or if it didn't boot up or something like that but because you can't access the servers due to the issues of another company? Nope, you have no leg to stand on.
Even the CCR has provisions against this type of thing occurring, you can't return opened games unless they are faulty.
Shops are well within their right to refuse refund/replacement of items.
Now can you see the clash?
How can you be refused a refund when it was impossible for you to agree to the T&C's before opening the product.
elitekaosb16_ESO wrote: »Paulington wrote: »coryevans_3b14_ESO wrote: »elitekaosb16_ESO wrote: »If you are in the UK don't let some store owner BS you with 'It's open' or 'You've already used the serial number' or the even more stupid 'You've accepted the terms and conditions'.
Our countries law sits head and shoulders above any companies rules, most of which do not even comply with local legislation .
lol
I know you're right, but lol.
Actually, @coryevans_3b14_ESO is wrong, but that's okay because almost everyone is when it comes to the Sales of Goods/CCR/EU Regs.
First of all, shops do NOT have to accept a return, there are only two reasons you can get a refund and it's if the item is not of mercantile quality or not fit for the purpose described. So, it either has to be faulty or not fit for purpose, only then are you guaranteed a refund.
Other than those two specifications, return/refund policy is totally at the shop's discretion. You have no right to return an opened game if it is not faulty. If you open ESO, play it for a while, can't get on the server for a few days and decide the game is "faulty" you are going to have a bad time. The game works, the disc works and you have no right to a refund or return.
Now, you would have a right to return the game if the disc didn't work or if it didn't boot up or something like that but because you can't access the servers due to the issues of another company? Nope, you have no leg to stand on.
Even the CCR has provisions against this type of thing occurring, you can't return opened games unless they are faulty.
Shops are well within their right to refuse refund/replacement of items.
Now can you see the clash?
How can you be refused a refund when it was impossible for you to agree to the T&C's before opening the product.
So what about an opened product with an unused serial key? Granted there's no easy way to verify that in the average video game retail store.