False Advertising

MREGAN

If someone has advertised Buy now for delivery on release day and they dont can you do anything about it? Would you do anything about it?

Stephen

there's fook all you can do about it besides leaving them bad feedback on ebay.

popinfresh101

if you pay by palpal and dont get it you report it to paypal and get your money back

MREGAN

Sorry should have been more specific. I mean a shop online selling GTAIV saying buy now for delivery on release day. Not ebay or paypal.

Zhane

First of all, look at the Terms and Conditions on the website. Does it include your area? (could be UK mainland only). Secondly, postal service sucks so it could be their fault. If they say release day, it will be either on it or near it so dont get all consumerzilla on them.

Gamesnash.ie: Pat

In our case we are guaranteeing dispatch 24 hours before the release day because after that it is in the hands of An Post.

An Post have a guaranteed express post option for next day delivery so between the two of these you are guaranteed release day delivery. Obviously things can go wrong and for example An Post can get to your door and not get an answer come back the following day etc.

Online retailers can only dispatch 24 hours before release day otherwise we would dispatch it sooner - if the site you are referring to is outside of Ireland I don't think it would be fair to expect the game to arrive on release day over here as international postage takes a couple of days.

MREGAN

I understand all these points and if it is late due to postal issues then it is out of the companys hands. But say for example the company has said it will be delivered on release day then the company didnt get the full allocation to fullfill their orders. Having you wait to after release before they even dispatch the product. Surly this is false advertising to make you comit as you think you are getting it sent for release day.

What then? I am only wondering btw. If I dont get the game around release day I will be pi$$ed off but not ready to take the company to court. Just wondered if there would be grounds for getting discount or money off another product should they fail to deliver what they advertised.

Gamesnash.ie: Pat

I think you would most definitely have a case in that instance.

The reality is that a lot of online sites and high street retailers started taking pre orders before final allocations were known and are now coming up short. There will be a lot instances of disappointed gamers on release day.

As to whether or not it is worth the hassle of going legal on it is up to each individual to decide but at the very least that site / retailer loses a customer and in the long run that will cost them more.

stevenmu

Technically this is not false advertising. False advertising is when a company deliberately publishes misleading advertising, such as advertising a price cut or offer that does not exist. In this case, as long as the company genuinely intends to get the game to you on release day then it is not false advertising. It would only be false advertising if they knew all along they would not have it delivered to you on release day.

Depending on the terms and conditions on the site and the wording on the order form, and with a large amount of interpretation thrown in, it *may* constitute a breach of contract. Given the nature of the contract the most you'd be entitled to would be a refund (you would have to return the game too no doubt).

A nice retailer might offer you a discount or voucher/credit note of some kind, but there's no obligtion on them to do so.

Gamesnash.ie: Pat

Devils Advocate here ....

Assuming the company knows right now 1 week away from release date that it does not have the stock to fulfill its orders ( which it should at this stage considering orders are arriving in 2 days ) is it not obliged to inform the customer it made the promise to now rather than wait until the day of release to say "oops did not get enough stock etc "

In this case I would say it is false / misleading advertising =.

stevenmu

I don't think, from a legal point of view, that would count as false advertising, unless they are still actively promising release day delivery now knowing they can not deliver. That's my understanding anyway, IANAL etc.

That's splitting hairs though, I do agree with you from a moral standpoint, I don't think any company should have let themselves get into such a position. And for those that have, I think that not informing the affected customers and giving them the option to cancel the order and make other arrangements is a shady and deceptive practice.

It's great to hear that some companies aren't doing that and have waited to confirm their allocation before taking pre-orders.

nevaeh-2die-4

i cant really c anybody getting any game from a internet company on the day its out.

MREGAN

i cant really c anybody getting any game from a internet company on the day its out.

For other GTA titles I pre ordered from Amazon I got them the day before Release. Not sure why that happened but I was well pleased.

Gamesnash.ie: Pat

nevaeh-2die-4 wrote: »

i cant really c anybody getting any game from a internet company on the day its out.

Well we have done it before, will be doing it on Tuesday for GTA4 and again for future releases