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March 31st, 2005, 03:55 AM
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Second Lieutenant
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Join Date: Sep 2001
Location: Vancouver WA
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Software Return Policy
Software Return Policy
We will refund your money when returned unopened and accompanied by a sales receipt. Defective items in opened packaging may be exchanged for the identical title only.
Is it me or are stores with this policy calling people thief’s? I mean they must be assuming that if someone is returning an opened peace of software that they have somehow pirated it. Otherwise why have such a policy? Personally I would like to return an opened peace of software and have them refuse to give me my money back again so that I can sue the bastards for defamation. By refusing to refund my money they are in essence stating a policy that all people who wish to return software in its opened packaging have essentially stolen it. This ideology that the buyer is a thief and only thief’s wish to return opened software is a crock of horse fodder and one that should be challenged in court.
Now I can understand the seller’s point of view on this matter, but you NEVER accuse your clients of theft through assumption or slick policies.
Case in point. I bought Deus Ex 2 Invisible Wars, opened the package and tied to install the game. The game was a DVD and my computer does not have a DVD player so I could not install the game. I attempted to return the game, was given the store policy and told that they would exchange it. Being the dick that I am I demanded to speak to the store manager and did so. I read him the riot act and demanded my money back. Since I had paid with a credit card, I threatened, and eventually did challenged the charges. The store had no legal ground to stand on when they stated that all returned software is being returned because it was pirated. Neither my bank or my Visa Company bought this excuse and the funds were returned to my account. I even got to keep the game which I offered to return to the store but was never called back.
In retrospect, I should have filed a suite over the issue and gotten a ruling on this matter. This return policy implies that the people returning software are doing so because they have pirated it. By extension this is falsely accusing a person of theft and as we all know, becomes a slander liability issue. The stores must prove that you pirated the software before they can decline to accept a return. In my case the software could not be installed. In most cases that is the common reason for returns next to not having the specs needed to run the software.
On line retailers at least are protected by this because if someone pirates software and then attempts to return it through the mail it becomes a felony.
I support the idea for legislation that gives software buyers the legal standing to return software that is defective, unistallable, or does not meet quality standards. Within a year of purchase if the developer fails to address or solve the problems with the software. On line retailers would be protected but subject to the same rules.
Returning software because you simply changed your mind or because you did not like the game is BS and in those cases I stand with the retailers. However if the software is bug riddled, say like MOO3, or abandoned without being fixed like Tribes Vengeance just was, then yes people should be permitted to seek a full refund. However if the game is continually supported like Dominions II and SE IV, then no a refund would not apply.
A software buyers bill of rights would go a long way toward making companies like Microsoft and EA Games think twice before releasing unfinished, bug ridden, hack ware.
If I am wrong in my opinion, spank away.
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April 7th, 2005, 02:52 AM
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Lieutenant General
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Join Date: Nov 2002
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Re: Software Return Policy
I agree, if the software doesn't work on your system, then it's a perfectly valid reason for returning it.
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April 7th, 2005, 12:59 PM
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Private
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Join Date: Apr 2005
Location: Salzburg, Austria
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Re: Software Return Policy
i do not agree. you should read the system specifications before you buy a product. so if you buy a game wich is on dvd it is mentioned on the package of the product. if you do not read the system specs it is your fault and i dont see any reason why you should bring this back. also the software you return cannot be sold again because the dealer does not know if the cd key is used by you perhaps. this happens very often, please dont see this as personal offense!
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April 10th, 2005, 04:50 AM
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Shrapnel Fanatic
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Join Date: Dec 2000
Location: USA
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Re: Software Return Policy
I should point out that with some games, like Deus 2, the box said it would not work with MX video cards. Many people did not know if they had MX video cards. Unfortunetly ALL name brand PC manufactures, as well as MOST budge video cards were MX based technology and would not run the game.
Returns were in order for those folks.
As for games like MOO3, it was NOT what was advertised and it was a horrible game and I should have returned it, but I wanted to see if they would fix it, and they did not.
99% of developers will drop a title like a hot rock if 51% of the people who bought the game denouce it. BOTF, Tribes 2, Tribes Vengeance, and MOO3 are just a few examples. In these cases people should have had the right to return the games because the publisher and developers were never going to fix the problems that the software had. Again valid reason to return.
I am a believer that a person should not get $$ back, but rather in store credit. I know there are more people out there that DO copy games, movies, and music then return them. These low life trailer trash throw backs are nothing more than theives.
If someone orders a game on line, recieves it, then tells the company that they had never received it, well that to me is BS as well, they should not get their money back.
I once ordered a few CD's from Amazon, and the FedX driver just dropped them on my porch.... needless to say I never go them. Amazon was not very helpful or sympathetic to my cause but they did help me get replacement CDS at no cost.
I am not a big fan of FedX.... They once returned a PC from repair and left it sitting on the front porch... It rained and the whole thing was saturated. My neighbor, to whom this PC belonged, was furious.... I have many more horror stories about Fed X.....
FEDX IS QUESTIONABLE.... (Or has been my experience)
__________________
Creator of the Star Trek Mod - AST Mod - 78 Ship Sets - Conquest Mod - Atrocities Star Wars Mod - Galaxy Reborn Mod - and Subterfuge Mod.
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April 12th, 2005, 03:14 AM
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Lieutenant General
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Join Date: Nov 2002
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Re: Software Return Policy
When FedEx delivers a package, don't you have to sign for it to receive it? I didn't know they just leave it outside when nobody's home!
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April 15th, 2005, 12:47 PM
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Sergeant
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Join Date: Dec 1999
Location: Indiana
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Re: Software Return Policy
They do, unless the shipper instructs them that a signature is required.
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April 15th, 2005, 05:21 PM
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Shrapnel Fanatic
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Join Date: Dec 2000
Location: USA
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Re: Software Return Policy
Quote:
Kamog said:
When FedEx delivers a package, don't you have to sign for it to receive it? I didn't know they just leave it outside when nobody's home!
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Nope.
__________________
Creator of the Star Trek Mod - AST Mod - 78 Ship Sets - Conquest Mod - Atrocities Star Wars Mod - Galaxy Reborn Mod - and Subterfuge Mod.
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April 20th, 2005, 01:09 PM
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Private
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Join Date: Apr 2005
Location: Salzburg, Austria
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Re: Software Return Policy
it seems not only fedex doesnt make its job good - just look on www.unitedpackagesmashers.com
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April 20th, 2005, 06:50 PM
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Lieutenant Colonel
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Join Date: Sep 2001
Location: Cary, NC, USA
Posts: 1,319
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Re: Software Return Policy
Now that's funny! I may have to start lurking their forums. I hope they have lots of money to fight back when UPS sues them.
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