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Collectors edition vendor

First BioWare Post First BioWare Post

ArsenalJaycen's Avatar


ArsenalJaycen
02.06.2013 , 11:20 AM | #391
I sent an enquiry to Trading Standards in the UK and got this reponse

Quote:
We understand from your email that you have not received updates to a game you purchased and would like to know what your rights may be.

Based on the information you have provided the key legal points in response to your enquiry are:

If you can provide reasonable argument that you only purchased the goods because of the promised updates, and if the trader has failed to provide the updates, you may be able to hold the trader you purchased from in breach of contract and claim damages incurred as a result of the breach.

You should read the terms and conditions of the provision of the updates, and if you establish that you have not been provided with the updates within the time frame stated in the terms and conditions, you should discuss the matter further with the trader, with reference to the above information, as it is always advisable to try to negotiate an outcome that is acceptable to yourself and the trader before taking any further steps. However if you are unable to reach an amicable compromise you should formalise your complaint by sending the trader a letter in the post by recorded delivery. The letter should outline any relevant events regarding this issue and make it clear what you expect from the trader and why. It should also give the trader a reasonable timeframe in which to respond to your claim(s), we would suggest 14 days. If the trader does not respond to this letter with a satisfactory remedy you should send the trader one more recorded delivery letter. This time giving the trader 7 days in which to respond, making it clear to the trader that this is your final letter before taking further action. You should keep copies of all letters sent.

Template letters can be found at: Http://www.adviceguide.org.uk/englan...le_letters.htm (if the link does not work when you click it, please copy and paste it into your browser address bar). Although there are no sample letters directly relevant to your circumstances, they give an idea of how your letter should be set out.

When using the template letters it is important that you follow the online instructions carefully. In addition, once the letter has been generated it may also need further editing, in order to make it clear to the trader what the nature of your complaint is.

The reason we ask you to send mail by recorded delivery is that this may help you prove that you have contacted the trader and tried to resolve the matter amicably, you can also use the ‘Recorded Signed For’ label the post office will supply you with to confirm that the trader has received the letter. In our experience, this is the best way to proceed before you escalate your claim with the appropriate independent body i.e. Ombudsman scheme, Alternative Dispute Resolution scheme (A.D.R) or even a civil court.

Misleading advertising, sales promotions and direct marketing in the UK are also regulated by the Advertising Standards Authority, as such you may also want to report this matter to them for their investigation. You can contact them on 020 7492 2222.

Could you please supply us with an address for the trader you purchased the game from so that we can add this to the case notes? Thank you.

If you require any further civil advice or information about this case, please do not hesitate to contact the Citizens Advice consumer service by return email or on 08454 04 05 06 quoting the case reference number.

Thank you for your enquiry.
Now what I can't figure out is the terms and agreement of the CE Vendor as I don't remember seeing any for it. So any help finding them or if there were any would help to move this forward.

Alec_Fortescue's Avatar


Alec_Fortescue
02.06.2013 , 12:01 PM | #392
It doesn't seem to me like there even was any terms of agreement for a ce vendor. Only for the whole game. :l

There was no time frame for updates specified but there must be some general laws. One year without updates is totally unreasonable in an online game which might not even be alive anymore next year.

Like there are people who were awarded damages for having to wait several years for their trials even though there is no specified time frame during which the trial must occur. The keyword in the ECHR is "reasonable" (if i remember properly) where it speaks about the amount of time of having to await a trial.

Look up the the laws on services, maybe there is a specified time frame during which the paid service has to happen if the time was not specified during the purchase/payment?
Si vis pacem, para bellum

Traditional Jedi robes please! And then I am gone from general discussion. Promise! :]
Devs, it can't get any more iconic and traditional than this: http://i.imgur.com/9ha8ELu.jpg http://i.imgur.com/2NoBT6o.jpg http://imgur.com/7nHRBnW http://i.imgur.com/5J9oXnP.jpg http://i.imgur.com/ek3XDEc.jpg

I would love KotOR 1 Jedi robes, too!

TheSeventhJedi's Avatar


TheSeventhJedi
02.06.2013 , 02:15 PM | #393
Failing a ToS for the CE, I think the original ad should suffice - I'm sure somebody's got it screenied somewhere.
The Windstalker Legacy
Exandrus Hylaea
Ezindra Flakk

Alec_Fortescue's Avatar


Alec_Fortescue
02.06.2013 , 02:20 PM | #394
Quote: Originally Posted by TheSeventhJedi View Post
Failing a ToS for the CE, I think the original ad should suffice - I'm sure somebody's got it screenied somewhere.
OFFICIAL website article that was supposed to give an actual and in-depth description of the CE is right there.
Si vis pacem, para bellum

Traditional Jedi robes please! And then I am gone from general discussion. Promise! :]
Devs, it can't get any more iconic and traditional than this: http://i.imgur.com/9ha8ELu.jpg http://i.imgur.com/2NoBT6o.jpg http://imgur.com/7nHRBnW http://i.imgur.com/5J9oXnP.jpg http://i.imgur.com/ek3XDEc.jpg

I would love KotOR 1 Jedi robes, too!

Desolaytore's Avatar


Desolaytore
02.06.2013 , 06:22 PM | #395
Bumping for update
"I hear them enter my domain, children unknowing. They will serve..." - The Infernal One
Lightning flashes of insight, Into the mirth of a dark sky,
Pain of division is nothing, Joy of dissolution is everything.

ArsenalJaycen's Avatar


ArsenalJaycen
02.06.2013 , 06:39 PM | #396
I sent a PM to JovethGonzalez to let him know that I made an official complaint and wanted an answer either from him or the devs to sort it out.

I also forward a link to the site that both announced the pre-order of the CE and the inside look of the CE. I also forwarded the TOR ToS from the site. I am waiting for answer from Trading Standards. I also pointed out how EA got done for promising those that pre-ordered BF3 on the PS3 would get a free copy of BF1943 and they never got it and had to put forward a class action law suit to get what they had paid for.

http://uk.gamespot.com/news/ea-sued-...report-6346417

I will keep people updated.

TheSeventhJedi's Avatar


TheSeventhJedi
02.06.2013 , 08:10 PM | #397
Quote: Originally Posted by ArsenalJaycen View Post
I sent a PM to JovethGonzalez to let him know that I made an official complaint and wanted an answer either from him or the devs to sort it out.

I also forward a link to the site that both announced the pre-order of the CE and the inside look of the CE. I also forwarded the TOR ToS from the site. I am waiting for answer from Trading Standards. I also pointed out how EA got done for promising those that pre-ordered BF3 on the PS3 would get a free copy of BF1943 and they never got it and had to put forward a class action law suit to get what they had paid for.

http://uk.gamespot.com/news/ea-sued-...report-6346417

I will keep people updated.
Outstanding work friend, keep us posted by all means. Care to post the various letters and links you have submitted?
The Windstalker Legacy
Exandrus Hylaea
Ezindra Flakk

xorcist's Avatar


xorcist
02.06.2013 , 08:25 PM | #398
Quote: Originally Posted by ArsenalJaycen View Post
I sent a PM to JovethGonzalez to let him know that I made an official complaint and wanted an answer either from him or the devs to sort it out.

I also forward a link to the site that both announced the pre-order of the CE and the inside look of the CE. I also forwarded the TOR ToS from the site. I am waiting for answer from Trading Standards. I also pointed out how EA got done for promising those that pre-ordered BF3 on the PS3 would get a free copy of BF1943 and they never got it and had to put forward a class action law suit to get what they had paid for.

http://uk.gamespot.com/news/ea-sued-...report-6346417

I will keep people updated.
you have inspired me.
"There is no calamity greater than lavish desires....
And there is no greater disaster than greed
."

ArsenalJaycen's Avatar


ArsenalJaycen
02.06.2013 , 08:27 PM | #399
Quote: Originally Posted by TheSeventhJedi View Post
Outstanding work friend, keep us posted by all means. Care to post the various letters and links you have submitted?
Pre-order Link - http://www.swtor.com/info/news/press-release/20110722

News Article showing the CE - http://www.swtor.com/info/news/news-article/20111021

ToS - http://tos.ea.com/legalapp/WEBTERMS/US/en/PC/

Legal Notices - http://www.swtor.com/legalnotices/euala

EA UK Address - UK

Onslow House,
Onslow Street
Guildford
Surrey

GU1 4TN

United Kingdom

Phone
01932 450000

I forwarded all that info and am waiting to hear back on what to do. I think they want me to send a letter and to prove that I tried to contact them to solve it. Which I will get around to doing ASAP.

veyl's Avatar


veyl
02.06.2013 , 08:46 PM | #400
You could probably use this thread as a point of reference. Plenty of pissed people in it.