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Playing Games With Customer Rights | 35 comments (35 topical) | Post A Comment
RE: Don't Forget to Chargeback![ Parent | Reply to This ] (none / 0) (#7)
by haplo on Tue Nov 09, 2004 at 02:25:58 PM PDT

The problem here is that by doing so, you're punishing the wrong party.  The reseller is the one being punished, not the game vendor.  They've already been paid.

I prefer the idea of lawsuits against the game vendors, or better yet, a class-action suit.  Had they disclosed the restrictions, that would be one thing, but by forcing you to keep a game that won't work, that's basically fraud.

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Chargeback[ Parent | Reply to This ] (none / 0) (#9)
by Anonymous User on Tue Nov 09, 2004 at 04:51:22 PM PDT

Although it may be true that the reseller is getting punished; they are also the ones refusing to allow the return of an opened software product that is unusable. If there is no information on the package saying that burning software being installed on the computer will prevent the use of this product, how could the consumer possibly know it wouldn't work?

If you bought a hardware product at the same store, in most cases you can return it with no problems for a full refund.

So, in this case, yes the store deserves the chargeback. They also have way more clout with the software vendor than a handfull of customers. If they get too many chargebacks, they'll either drop the product line, or simply pass on the chargebacks to the software vendor. (Probably both.) I suspect if Best Buy told the publisher they were dropping all products by that publisher until the restrictions were removed, it would happen pretty quickly.

Yet another reason why it's very important to purchase all software products using a credit card. (And not a debit card, which gives you no rights.)


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Retailers are just as guilty[ Parent | Reply to This ] (none / 0) (#18)
by Anonymous User on Wed Nov 10, 2004 at 03:21:15 PM PDT

I'm in total agreement. Resellers that often make it difficult or impossible to return software that has onerous license terms that can only be determined after opening the package are a part of the problem. CompUSA and the like have never been bastions of customer service and helpful and informed employees. Maybe pressure on retailers is another route worth exploring? Since many software makers won't listen directly to their customers, maybe pressure from their distribution and sales channels will do the trick.

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punishing the retailer[ Parent | Reply to This ] (none / 0) (#27)
by Anonymous User on Fri Nov 12, 2004 at 11:41:33 AM PDT

The retail is exactly who should receive the wrath of unsatisified customers. The retailer exists as a middle-man between producer and consumer. As such they add no value to the transaction other than giving the consumer a point of contact for information and service related to the products. If the retailer doesn't like playing middle-man then it's time to find a different business. If enough retailers see unhappy customers taking business elsewhere they will pressure wholesalers who will pressure producers. Along the way there will probably be some businesses that get hurt but that is not the concern of the customer - his only concern is getting the best value out of his purchases.

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And yet you know this?[ Parent | Reply to This ] (none / 0) (#28)
by kamnet on Fri Nov 12, 2004 at 12:14:33 PM PDT

If you, as a retailer, know in advance that this is how the system works, and you still choose to purchase software from these vendors knowing that these problems exist, then that burden SHOULD fall on you, and in my opinion it is only fair.

As the retailer, when you stock an item, you are asking your customers to trust you that this product will do what it says it does, and that if there is anything special the customer needs to know that they will be told about it up front. AND that if this program doesn't work as advertise or REASONABLY expected to, that you will take the product back and refund their money. You are putting your company's name, reputation and trust behind this product when you choose to promote and sell it.

To do anything less is completely irresponsible.

Oddly enough, I have NO issues with returning software to Wal-Mart. Yes they will make a small argument that they can only exchange defective CDs or software and not refund it. My counter argument is simple - the included license and end-user agreement are INSIDE the box. I cannot read and agree to them unless I first purchase it and read them. These agreements ALWAYS state that if I disagree with any part of the license that I am required to uninstall the software and return ALL portions of the software and packaging to the retailer I purchased it from for a FULL refund. And as the retailer, they assumed FULL responsibility for upholding this license by purchasing it and then reselling it to me. Also, as a concession to their concerns and needs, I always accept a Wal-Mart gift card with the amount credited back to me so that I can still spend the money in their store.

I have not needed to use this policy anywhere else, but if I did, then I would have no problem doing so, and I don't find it unreasonable to expect a retailer to support their customers over their suppliers.

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