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Spend too much Refund unavailable

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  • Kahnuck
    18 posts
    edited February 2013
    It's beyond me why you would spend money on a product/company you so prominently hate.

    * EA & EA Sucks.. Please do grow up, child.

    You caved in and you made the decision to purchase doughnuts in a game which you knew has had issues and bugs since day one.

    When you've had your fill at a restaurant and there's still food left on your plate, do you ask the waiter/waitress for a refund too?

    Common sense is clearly something you still struggle to grasp.
  • mdfriend
    1330 posts Member
    edited February 2013
    Kahnuck wrote:
    It's beyond me why you would spend money on a product/company you so prominently hate.

    * EA & EA Sucks.. Please do grow up, child.

    You expect a refund months down the road because of your own poor sense of poor-judgment. You caved in and you made the decision to purchase doughnuts in a game which you know has had issues/bugs since day one.

    When you've had your fill at a restaurant and there's still food on the plate, do you ask the waiter/waitress for a refund too?

    Simply put: You're a moron

    Josh is a long time user, I would not call him a child or berate him. Hs really not a moron, just a frustrated user with a one history that you are not aware of. But calling him names you just show yourself to be what you call him.

    I do think a refund should have been fought for a refund earlier, but he was hoping the game would get better. Also the game wold stabilize and then regress. After the Halloween promo is was pretty good and went to crap after Xmas. While I don't think everything in how josh has handled this is prefect I also don't think he is a moron and think he had hope that it would get better. Since the most recent update he cannot get into his town. As friend I can see he cannot. Hs experience with the game is different from yours.

    And if I am at a restaurant and I have a meal that is okay, but a roach crawls out from under the lettuce at the end or midway yes I want a refund or at least partial credit.
  • sherryt07
    3273 posts Member
    edited February 2013
    zoephoto wrote:
    Seriously name any other product that would give you a refund after you have been using the item for six months - a few weeks yes, six months no way. It amazes me what people expect these days, and how many will buy and iPhone or ipad, drop and break it and then expect apple to give them a new one :roll: somewhat sidetracked rant over.

    Apple has replaced my daughter's iPod touch on 2 different occasions with brand new iPods. The last time was even past the warranty.
  • Kahnuck
    18 posts
    edited February 2013
    "Josh is a long time user, I would not call him a child or berate him. Hs really not a moron, just a frustrated user with a one history that you are not aware of. But calling him names you just show yourself to be what you call him.

    I do think a refund should have been fought for a refund earlier, but he was hoping the game would get better. Also the game wold stabilize and then regress. After the Halloween promo is was pretty good and went to crap after Xmas. While I don't think everything in how josh has handled this is prefect I also don't think he is a moron and think he had hope that it would get better. Since the most recent update he cannot get into his town. As friend I can see he cannot. Hs experience with the game is different from yours.

    And if I am at a restaurant and I have a meal that is okay, but a roach crawls out from under the lettuce at the end or midway yes I want a refund or at least partial credit."

    Neither his posting history or your friendship history are of concern to me. It's the issue that he expects a refund for his blatant obliviousness to his surroundings. Lastly, it's hard to respect a poster or take an individual seriously when they bash the corporation blatantly in their signature.

    He made the decision to put his own money down on a game which has been plagued with faults since day one; only to come to regret his decision after the refund period expired. Again, poor decision and a lack of common sense on his own part.

    Lastly, you've clearly missed the point in twisting my analogy, you've completely missed the point. I can see why you two are close friends.
  • huggles101
    12 posts
    edited February 2013
    Kahnuck, resorting to name calling only shows you own lack of maturity.


    Enough said.


    Over and out.
  • mdfriend
    1330 posts Member
    edited February 2013
    sherryt07 wrote:
    zoephoto wrote:
    Seriously name any other product that would give you a refund after you have been using the item for six months - a few weeks yes, six months no way. It amazes me what people expect these days, and how many will buy and iPhone or ipad, drop and break it and then expect apple to give them a new one :roll: somewhat sidetracked rant over.

    Apple has replaced my daughter's iPod touch on 2 different occasions with brand new iPods. The last time was even past the warranty.

    Now that you mention it Monster has replaced my headphones once and is about to again, no extended warranty bought on top of it. I have had huge photocopiers replaced for work after years due to malfunction, part of the warranty agreement.

    I do understand your point and software is a but different. I will admit as a multiple boatload buy I was steps away from requesting a refund from apple then decided not to. Then I reupped, and at the Xmas special I reupped again. C tell you this if I had the experiences that josh has had and I was looked out of my town on the most recent promo I would say **** this as well and want all my money back.
  • dhort1985
    414 posts
    edited February 2013
    Ok well maybe the ISP analogy wasn't the correct one to use but the point remains the same. Everyone keeps referring to getting refunds on finite items. Software is suppose to be infinite. iPhones are going to break eventually. T-shirts are going to get holes in them eventually. Software is exempt to these kinds of expirations.
  • mdfriend
    1330 posts Member
    edited February 2013
    Kahnuck wrote:

    I do think a refund should have been fought for a refund earlier, but he was hoping the game would get better. Also the
    Lastly, you've clearly missed the point in twisting my analogy, you've completely missed the point. I can see why you two are close friends.

    Point of record I do not know josh personally, we are not friends let alone close friends. I have even I'm in this forum battle. His signature came about after many battles with ea.

    I also noticed you edited your original post in the time I was writing mine so my quite captured your last sentence calling him a moron. Obviously you felt name calling was not appropriate.

    Again he wants a refund I a assuming I have not and do not talk to him, but assuming because he cannot access his town anymore. RECENT development. He spent a lot of money in the past to just get to this point that he cannot even get in his town. I would want my money back too.

    But I am not going to argue with you, I am not him, I am speculating. But there is always mor to a side of the story, and maybe h is narrative just is not displaying all the facts that need to come out
  • jaffaface
    903 posts Member
    edited February 2013
    Amex won't work either just found out. They will open a case but that 90+ page user agreement basically airlocks any argument of the rational world right out the window.

    I've been in the boat your in and all I can say is persist.
    Amex wont give refunds because it's not fraud, that's were it stops for them. Don't go down the Amex root anymore, it's a waste of time.

    Here's what you do.
    Find as many complaints similar to yours, copy them complete with links and put them in an email. Get them as far back as you can, add a list of the same faults up to present day and add them also, you then approach iTunes once again and tell them you have been made aware that iTunes knew about the constant faults within this game and that they still allow in App purchases to be made when their is no guarantee of stability. So this makes them liable, Also mention that EA have not given a fix, their support is non existent and are quiet on the subject which grants you the right to a refund as the App is a sham....

    However, like what's been said, their are policies and some above are getting hot headed. This App is now an investment, you have money invested in it, but they will only give you it back depending on how much you spent, anything over a $25 dollars usually means it has to last a certain length of time, the more you pay, the longer it has to last, but they will still state you had to act within a certain period of time but you cannot account for the fact that future updates affect this games performance.

    And for all those above, Here's a segment from the Apple policy


    FYI
    What Qualifies Me for a Refund?
    The official App Store and iTunes Store policy is that all sales are final, meaning that you can't use an app and then return it because you don't like it. There are a few exceptions to this rule. You can get a refund if the app crashes or does not work, if you are charged but do not receive the item (including in-app purchases), if the app is not compatible with your device, if the app does not work as described or is otherwise a scam.


    I did get my money refunded in the end, and at first I was fobbed off, but you just need to tell them that they need to re-consider their policies on In app purchases as game play is ongoing and their needs to be some kind of a warranty for apps.
  • joshhuffman
    298 posts
    edited February 2013
    I think it tiers out and that's why they are gonna cram that 30 day rule down my throat. What do they care to refund you is$100 in donuts for one months of mistakes and they can't be back to back. Don't know if they limit or block your going forward its gonna be a certainty. It's like my original title says.....
  • peruhomer
    1325 posts Member
    edited February 2013
    I think it tiers out and that's why they are gonna cram that 30 day rule down my throat. What do they care to refund you is$100 in donuts for one months of mistakes and they can't be back to back. Don't know if they limit or block your going forward its gonna be a certainty. It's like my original title says.....

    I couldn't comment on US consumer protection law but in the UK you are covered by the Sale of Goods Act 1979. This states that a good must be 'fit for purpose' in this instance if you are making purchases within a game and that game then proves to be unplayable, it is reasonable to argue that it is not fit for purpose and you have a legal entitlement to your money back. This entitlement overrides any 30 day returns policy that the company may itself have implemented.

    Secondly, it is Apple who you need to deal with. Forget EA or American Express. Apple sold you the product and therefore assume responsibility for that product according to law.
  • dcline414
    863 posts
    edited February 2013
    peruhomer wrote:
    I couldn't comment on US consumer protection law but in the UK you are covered by the Sale of Goods Act 1979. This states that a good must be 'fit for purpose' in this instance if you are making purchases within a game and that game then proves to be unplayable, it is reasonable to argue that it is not fit for purpose and you have a legal entitlement to your money back. This entitlement overrides any 30 day returns policy that the company may itself have implemented.
    As I said upthread, just because you are right and EA may owe you a refund, by installing the app you agreed to their EULA. Disputes must be resolved by binding arbitration in the governing jurisdiction. Unless you live in an EU country, that means traveling to San Mateo County in California. Unless you expect to recover more than the several hundered dollars of travel expenses, then it isn't worth pursuing.

    Here is the part about governing jurisdiction:
    13. Governing Law. If you reside in a Member State of the European Union: (i) the laws of England, excluding its conflicts-of-law rules, govern this License and your use of the Application; and (ii) you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to this License and/or your use of the Application shall be the Courts of England, and you expressly consent to the exercise of personal jurisdiction of such courts. If you reside elsewhere: (i) the laws of the State of California, excluding its conflicts-of-law rules, govern this License and/or your use of the Application; and (ii) you expressly agree that, to the extent applicable pursuant to Section 16, below, jurisdiction for any claim or action arising out of or relating to this License and/or your use of the Application shall be the federal or state courts that cover San Mateo County, California, and you expressly consent to the exercise of personal jurisdiction of such courts. Please note that your conduct may also be subject to other local, state, national, and international laws. The parties agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this License or to any dispute or transaction arising out of this License.

    PLUS, you would be unlikely to recover anything in arbitration based on this clause, which you also agreed to:
    7. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE APPLICATION IS PROVIDED TO YOU "AS IS," WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. EA AND EA’S LICENSORS (COLLECTIVELY "EA" FOR PURPOSES OF THIS SECTION AND SECTION 9) DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE APPLICATION WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION; THAT ANY ERRORS IN THE APPLICATION WILL BE CORRECTED; OR THAT THE APPLICATION WILL BE AVAILABLE FOR REINSTALLS TO THE SAME OR MULTIPLE DEVICES. NO ORAL OR WRITTEN ADVICE PROVIDED BY EA, APPLE OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

    So basically it doesn't matter if EA legally owes you money, since it would surely cost you more to force them to refund your money than the amount you would be getting back. Sorry.
  • joshhuffman
    298 posts
    edited February 2013
    Dang Dcline414 when is your donut consultation fee invoice coming in?

  • dcline414
    863 posts
    edited February 2013
    Dang Dcline414 when is your donut consultation fee invoice coming in?
    Hah... I was just curious what it actually said in the license agreement.

    There is some really funny stuff in there, like the part above about the game not having to work and them not having to fix errors, and that "a breach of this License will cause irreparable injury to EA for which monetary damages would not be an adequate remedy...." (Really? NO amount of money could make EA whole if a user violated the license agreement???)

    There is also some kind of scary stuff about privacy and information they are collecting from your device. :shock:
  • Calerock
    312 posts
    edited February 2013
    Sue there *.

  • dhort1985
    414 posts
    edited February 2013
    dcline414 wrote:
    So basically it doesn't matter if EA legally owes you money, since it would surely cost you more to force them to refund your money than the amount you would be getting back. Sorry.

    Not necessarily. If you were taking this to court, you can add traveling expenses as well as lawyer fees into the amount you are suing for. So essentially you would be getting a free trip to Cali. :mrgreen:
  • dcline414
    863 posts
    edited February 2013
    dhort1985 wrote:
    dcline414 wrote:
    So basically it doesn't matter if EA legally owes you money, since it would surely cost you more to force them to refund your money than the amount you would be getting back. Sorry.
    Not necessarily. If you were taking this to court, you can add traveling expenses as well as lawyer fees into the amount you are suing for. So essentially you would be getting a free trip to Cali. :mrgreen:
    It wouldn't be a trial, just an arbitrator determining whether the agreement was violated. With such a sweeping disclaimer about the game not claiming to work correctly now or at any point in the future, I don't think you'd have very good odds on that.

    If nothing else, it's a high stakes gamble. Bet several hundred to fight, and you might break even, or could lose everything. I'd suggest sticking with Springfield Downs!
  • dhort1985
    414 posts
    edited February 2013
    dcline414 wrote:
    dhort1985 wrote:
    dcline414 wrote:
    So basically it doesn't matter if EA legally owes you money, since it would surely cost you more to force them to refund your money than the amount you would be getting back. Sorry.
    Not necessarily. If you were taking this to court, you can add traveling expenses as well as lawyer fees into the amount you are suing for. So essentially you would be getting a free trip to Cali. :mrgreen:
    It wouldn't be a trial, just an arbitrator determining whether the agreement was violated. With such a sweeping disclaimer about the game not claiming to work correctly now or at any point in the future, I don't think you'd have very good odds on that.

    If nothing else, it's a high stakes gamble. Bet several hundred to fight, and you might break even, or could lose everything. I'd suggest sticking with Springfield Downs!

    Well you have officially just talked me out of doing that. :shock:
  • zoephoto
    447 posts
    edited February 2013
    sherryt07 wrote:
    zoephoto wrote:
    Seriously name any other product that would give you a refund after you have been using the item for six months - a few weeks yes, six months no way. It amazes me what people expect these days, and how many will buy and iPhone or ipad, drop and break it and then expect apple to give them a new one :roll: somewhat sidetracked rant over.

    Apple has replaced my daughter's iPod touch on 2 different occasions with brand new iPods. The last time was even past the warranty.

    They replaced it, they didn't give you a refund!
  • zoephoto
    447 posts
    edited February 2013
    mdfriend wrote:
    sherryt07 wrote:
    zoephoto wrote:
    Seriously name any other product that would give you a refund after you have been using the item for six months - a few weeks yes, six months no way. It amazes me what people expect these days, and how many will buy and iPhone or ipad, drop and break it and then expect apple to give them a new one :roll: somewhat sidetracked rant over.

    Apple has replaced my daughter's iPod touch on 2 different occasions with brand new iPods. The last time was even past the warranty.

    Now that you mention it Monster has replaced my headphones once and is about to again, no extended warranty bought on top of it. I have had huge photocopiers replaced for work after years due to malfunction, part of the warranty agreement.

    I do understand your point and software is a but different. I will admit as a multiple boatload buy I was steps away from requesting a refund from apple then decided not to. Then I reupped, and at the Xmas special I reupped again. C tell you this if I had the experiences that josh has had and I was looked out of my town on the most recent promo I would say **** this as well and want all my money back.

    A product replaced under warranty or due to a company guarantee is not the same as giving you a REFUND for those headphones!
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