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Metro 2033 $0 Dollar deal, Steam erases game from my library(Apology from nvidia) - Page 9

post #81 of 140
I think it's ironic that companies can "change their mind" all the time, but consumers cannot.
    
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post #82 of 140
Quote:
Originally Posted by [Adz] View Post
However, they do have to abide by the law.
From their TOS here:


The point in bold is what does it for me. By providing the serial key, they dispatched the product to me. That completes the offer and acceptance, which forms a legally binding contract.
They can't go back on it. It's like going into a shop, buying a 50" TV for £100 and taking it home, only to have the shopkeeper come to your door the next day and take it back because it was a mistake.
"...offer is expressly accepted by email confirming that we are dispatching your order and accepting your credit card or other payment."


Since it was $0 they never accepted payment.
post #83 of 140
Quote:
Originally Posted by xtascox View Post
"...offer is expressly accepted by email confirming that we are dispatching your order and accepting your credit card or other payment."


Since it was $0 they never accepted payment.
or other payment
    
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post #84 of 140
Quote:
Originally Posted by pash1k View Post
or other payment
'Other payment' refers to paypal, money order etc. Not other values.
post #85 of 140
Quote:
Originally Posted by Timlander View Post
'Other payment' refers to paypal, money order etc. Not other values.
That's your definition
    
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post #86 of 140
Quote:
Originally Posted by [Adz] View Post
Whether they were supposed to access the promotion or not, the sale was still made meaning the contract was formed.

You could also apply the "no one was supposed to access the promotion" argument to the TV sale too: let's say it was marked at normal price and the customer takes it to the counter where an employee scans it in. Due to someone's mistake, the scanner reads the TV as a sale item and knocks the price down to £100.
It becomes an identical scenario then.
I'd consider it more like you walk into a TV store, and discover an employee left the back room unlocked. Then you and a bunch of others discover the TV's located back there have new UPCs and haven't been updated so they're only $100, so you all go back there, grab TVs, take them to the register, and pay. Just because someone accidentally left a door unlocked doesn't mean you're allowed to go in the door and take the stuff behind it. Even though you technically did pay something, you weren't supposed to have access to the item, making it theft in the first place.
post #87 of 140
Quote:
Originally Posted by audioxbliss View Post
I'd consider it more like you walk into a TV store, and discover an employee left the back room unlocked. Then you and a bunch of others discover the TV's located back there have new UPCs and haven't been updated so they're only $100, so you all go back there, grab TVs, take them to the register, and pay. Just because someone accidentally left a door unlocked doesn't mean you're allowed to go in the door and take the stuff behind it. Even though you technically did pay something, you weren't supposed to have access to the item, making it theft in the first place.
bad analogy is bad
    
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post #88 of 140
Quote:
Originally Posted by Timlander View Post
Still not the same as this was a promotion not a sale. You did not add that key with the whole-hearted intent on paying for the game. You got the key because you knew there was a mistake made and you wanted to take advantage of that mistake and get free merchandise.
A promotion is synonymous with a sale:
Quote:
Main Entry:advertising
Part of Speech:noun
Definition:public notice of sale; notices to increase consumer desire
Synonyms:PR, announcement, announcing, ballyhoo, billing, blasting, broadcasting, buildup, displaying, exhibiting, exhibition, exposition, hard sell, hoopla*, hype*, pitch, plug, posting, proclamation, promo, promoting, promotion , publicity, puff, screamer, spread, squib
Source: http://thesaurus.com/browse/promotion

When someone adds the key to their purchase, they are purchasing it under the impression that it is a promotion/sale. Regardless of that, the fact remains that a contract was formed when the order was accepted and the goods were delivered. There are two ways of getting out of a contract: the Frustration doctrine (aka subsequent impossibility) and the Common Mistake (aka initial impossibility).

The Frustration doctrine only applies in situations where an unforeseen event makes the completion of a contract impossible or radically different to what it originally was, and only in a situation that isn't the fault of either party. Since the contract was completed, frustration cannot apply.

Common mistake - is when the contract was impossible from the beginning - for example, buying something that you already own, selling something that doesn't exist or has already been sold to someone else or a fundamental mistake as to quality. This doesn't apply here either since the keys were in existence and fully functional, and NVidia had the right to sell them. There's no mistake as to quality as the products are exactly what was being ordered.
Common mistake does apply to the customers who didn't get a key because NVidia ran out.

So there's no way for NVidia to back out of it here without breaking a contract, which is obviously illegal.
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post #89 of 140
Quote:
Originally Posted by pash1k View Post
bad analogy is bad
Actually, it's a good analogy, seeing as that's pretty much what happened.

Either way, it was a free game. Sure, legally there's a point to be made, but still, why is everyone so butthurt about it? It's not like you lost anything. I'd be disappointed, at best.
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post #90 of 140
Probably the same people that get up in arms and yell "zomg lawyer suez yall now!" when the order they placed for a price mistake gets canceled.


Quote:
Originally Posted by Kristian View Post
Actually, it's a good analogy, seeing as that's pretty much what happened.

Either way, it was a free game. Sure, legally there's a point to be made, but still, why is everyone so butthurt about it? It's not like you lost anything. I'd be disappointed, at best.
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