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Metro 2033 $0 Dollar deal, Steam erases game from my library(Apology from nvidia) - Page 13

post #121 of 140
Quote:
Originally Posted by Epona View Post
Sawce

After doing some snooping around, I found this. So technically, they are in the wrong for doing something not specifically stated in their TOS. However, I don't know how this works for digital downloads. And I couldn't read the EULA for the downloader/Metro 2033, so that doesn't hold a lot of water.

Just thought I'd give you something to argue about.
http://www.overclock.net/12300827-post105.html
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post #122 of 140
I found a response from an attorney on the subject. Remember the US doesn't have as much consumer rights laws as the UK does, so all you english guys shouldn't try to apply your law here .

Quote:
In internet transactions, online retailers usually get around pricing mistakes by having this language on their websites as part of the "conditions" for using the site:

"… Errors or omissions in descriptive, typographic, pricing and/or photographic representation are subject to correction."

Usually there is a disclaimer somewhere stating that, by using the site, users agree to certain terms and conditions which often include pricing mistake disclaimers. Court have found these to be binding contracts between the users of the site and the retailer. In most cases, the users of the site would be contractually bound to accept a pricing correction from the retailer.

In brick-and-mortar retail situations there are cases holding that retailers are liable for pricing mistakes, but only where the mistake is caused by the retailer and not by the fault of a third party.

This would make it hard to go after an online retailer even if they did not disclaim pricing errors on their website because often the website and pricing engine are run by third parties, not directly by the retailer. There are a few retailers that run their own sites such as Amazon but the vast majority of retailers subcontract with a website commerce provider to set up their retail website. Under these situations it is likely that the pricing mistake was caused by the third party and not the retailer themselves.

From a litigation standpoint it would be difficult (and expensive) to prove where the pricing mistake originated if the retailer blames the third party. In these situations the consumer has few realistic (cost-effective) legal options to force the online retailer to honor a website price.

Edited by Crazy9000 - 2/7/11 at 5:05pm
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post #123 of 140
Quote:
Originally Posted by [Adz] View Post
Meh, I don't want to read 13 pages of people raging at each other for your post.

Just gettin' it out in the open again.
    
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post #124 of 140
Quote:
Originally Posted by gooddog View Post
Really? You think they enticed people on purpose?
When its on the website clear as day showing a $0.00 price tag then yes, that is enticement. Whether it was on purpose or not who knows.
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post #125 of 140
Quote:
Originally Posted by Crazy9000 View Post
I found a response from an attorney on the subject. Remember the US doesn't have as much consumer rights laws as the UK does, so all you english guys should try to apply your law here .
A correction in pricing is different subject. Nvidia's terms do have a clause for price corrections, but what is happening here is that Nvidia completed the offer and acceptance, and then took the product back after dispatching the goods.
Their T&C's only allow for pricing corrections prior to dispatch/commencement of services.
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post #126 of 140
Quote:
Originally Posted by Crazy9000 View Post
I found a response from an attorney on the subject. Remember the US doesn't have as much consumer rights laws as the UK does, so all you english guys shouldn't try to apply your law here .

Quote:
In internet transactions, online retailers usually get around pricing mistakes by having this language on their websites as part of the "conditions" for using the site:

"… Errors or omissions in descriptive, typographic, pricing and/or photographic representation are subject to correction."

Usually there is a disclaimer somewhere stating that, by using the site, users agree to certain terms and conditions which often include pricing mistake disclaimers. Court have found these to be binding contracts between the users of the site and the retailer. In most cases, the users of the site would be contractually bound to accept a pricing correction from the retailer.

In brick-and-mortar retail situations there are cases holding that retailers are liable for pricing mistakes, but only where the mistake is caused by the retailer and not by the fault of a third party.

This would make it hard to go after an online retailer even if they did not disclaim pricing errors on their website because often the website and pricing engine are run by third parties, not directly by the retailer. There are a few retailers that run their own sites such as Amazon but the vast majority of retailers subcontract with a website commerce provider to set up their retail website. Under these situations it is likely that the pricing mistake was caused by the third party and not the retailer themselves.

From a litigation standpoint it would be difficult (and expensive) to prove where the pricing mistake originated if the retailer blames the third party. In these situations the consumer has few realistic (cost-effective) legal options to force the online retailer to honor a website price.
Even so, the price mistake disclaimer is only applied during the sale of the item- once the order is complete and the merchandise is in the customers hands, theres nothing more the store can do. You buy something at Best Buy on a price mistake- then they cant legally come to your home after the fact and demand their merchandise back after the sale is done.
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post #127 of 140
Quote:
Originally Posted by channelx99 View Post
When its on the website clear as day showing a $0.00 price tag then yes, that is enticement. Whether it was on purpose or not who knows.
I didn't say it wasn't an enticement. I was reacting to your comment:

Quote:
You entice people with a free copy of a fairly high profile game, and then take it away from them with no notice at all
So yes, it does matter if it was intentional. IMHO this was a mistake. People knew it was a mistake (there was no mention of a promotion, super deal, etc). You said that they enticed people - which implies that it was an intentional action.
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post #128 of 140
Quote:
Originally Posted by Blue Destroyer View Post
dont even need lawyers. contacting BBB will most likely settle this pretty quick as nvidia knows there in the wrong.

I know most people dont like BBB, but it works alot of the time
ime, BBB have never helped me. I think nowadays people can just buy a good rating.

on the other hand, file enough complaints with the FTC and they will probably chase after NVIDIA. They've helped me out before, fwiw.

https://ftccomplaintassistant.gov/
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post #129 of 140
Quote:
Originally Posted by gooddog View Post
So yes, it does matter if it was intentional. IMHO this was a mistake. People knew it was a mistake (there was no mention of a promotion, super deal, etc). You said that they enticed people - which implies that it was an intentional action.
This. You'd think they would advertise something like this if they really wanted to give it away for $0. People are just greedy.
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post #130 of 140
Quote:
Originally Posted by r34p3rex View Post
This. You'd think they would advertise something like this if they really wanted to give it away for $0. People are just greedy.

I'm not getting into this AGAIN but thankfully it's good to see that at least some people on here can still think logically and rationally instead of losing their mind over a $10 game.
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