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ChrisSZ: any online purchase must be refundable or in the case of goods it must be possible to send them back to the seller and get a refund.
Yes, for physical goods.
gog has digital goods
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OlivawR: So you feel bad for something you assume it's happening with no info if that it's actually happening?
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CharlesGrey: You're right, clearly the scenario I've described is entirely unrealistic, since people on the internet are always kind and considerate, and no one would possibly abuse this loophole for their own gain. How silly of me. A-hah-hah.
Valve has an automated refund system for Steam now and it was not abused although people did the same thing as you did and predicted a horror. What makes you think that a system that needs approval from a real human is more abused than an automated system?

I advice you to try reading Kahneman's book, Thinking, Fast and Slow.
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ChrisSZ: any online purchase must be refundable or in the case of goods it must be possible to send them back to the seller and get a refund.
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mobutu: Yes, for physical goods.
gog has digital goods
At least in the EU since 2014 it also covers digital goods, as long as they haven't been downloaded yet. Since GOG is located in the EU I suppose they have to obey this law.
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CharlesGrey: You're right, clearly the scenario I've described is entirely unrealistic, since people on the internet are always kind and considerate, and no one would possibly abuse this loophole for their own gain. How silly of me. A-hah-hah.
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OlivawR: Valve has an automated refund system for Steam now and it was not abused although people did the same thing as you did and predicted a horror. What makes you think that a system that needs approval from a real human is more abused than an automated system?

I advice you to try reading Kahneman's book, Thinking, Fast and Slow.
I wonder if ACCC intervention had any part in the new system. They're always up valve for not complying with Aussie consumer rights.
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OlivawR: Valve has an automated refund system for Steam now and it was not abused although people did the same thing as you did and predicted a horror. What makes you think that a system that needs approval from a real human is more abused than an automated system?

I advice you to try reading Kahneman's book, Thinking, Fast and Slow.
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micktiegs_8: I wonder if ACCC intervention had any part in the new system. They're always up valve for not complying with Aussie consumer rights.
Possible, but if gamers swallowed regional prices and many other crap, I think they had swallowed Australia only refunds also. Steam is very big now, they're like Windows for desktop OSes or Google for search engines, so they probably thought that the money will come back to them anyway.
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EckoShy: As many people are now aware the pinata deal more or less lied when it claimed you won't get a game you already own unless you own everything in the promo. Turns out at least two of the games had limited quantities available, which was not mentioned anywhere on the promo page.
Where did it lie? There's no official list of games available in the piñata (tracker thread is done by the community and not legally binding for GOG)! And all it says in the FAQ is that you won't get doubles as long as there's a game available in the piñata that you don't own already. If Dreamfall and Republique are "sold out" and you own all the other 23 games, then there's no game in the piñata that you don't own already and you get a gift code.

No false advertising here. You're just mixing things that don't belong together (GOG's sale + community's tracker thread). There's no official word about the available games, thus there's no need to mention limited quantities of certain games either. Something's sold out? It's not in the piñata anymore.

As for the rest: Lots of users got fast support initially, before it came to a sudden halt. This happens every single sale when support gets flooded with tickets. You'll get your refund. It'll just take some time since your ticket isn't more important than the other tickets with the same requests.
On the one hand GOG seems to just have technical difficulties with the prevention of doubles (this is not the fault of the support, they rather try to fix it) and on the other hand GOG should more clearly state if the usual 14 days return right (if you did not download the game) applies or doesn't apply to them. It may be they are legally obliged to actually give that right to the customer. In that case they must also say it and not just remain silent about it. If they did not tell the customer about all their rights, they indeed might be acting shady.
Post edited September 14, 2015 by Trilarion
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mabrookes: It is regulated, and comes with rules depending on if it starts becoming gambling. "Carnivals" are not banned here (quotation just because they wouldnt be called that here), but they are supposed to mark very clearly what the percentage win is of any machine that is considered gambling. This wouldnt apply to a claw machine as far as I know, because that is more supposedly a game of skill (we all know that is bs, the claw is designed to not actually grip properly everytime, but it is supposed to be a game of skill) - although if they did admit the claw only grabbed properly a percentage of the time, this percentage would need to be visible.

All I am saying is it is possible gog would have to be careful how they operated these things so they dont get caught up in anything like that - most of the examples people give of why it is gambling and a lottery are just plain stupid, im not supporting them or anything.
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Gnostic: I don't know if it is called gambling, because when you lose in a gamble, you lose everything. This still give you a game / gift that you may want or not.

That said, this kind of sales is not good to me as I own most of the games offered. I just stop buying and it trouble me no more.
You can effectively lose everything here. AFAIK there's no requirement that you lose everything in order for it to be gambling. You just need to put up a wager and have a result that's based on random chance. By convention you'll be losing money at times because that's where the money for the winnings comes from.

In this case, it depends how you view those games that you get that you didn't want. Returning them to GOG isn't exactly a given and it's rather risky trying to trade them with other players. Many of whom have the game anyways.

It's just a really crappy way to set up a promo, especially given that some of these games have been discounted more in the past and will again in the future.
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mabrookes: It is regulated, and comes with rules depending on if it starts becoming gambling. "Carnivals" are not banned here (quotation just because they wouldnt be called that here), but they are supposed to mark very clearly what the percentage win is of any machine that is considered gambling. This wouldnt apply to a claw machine as far as I know, because that is more supposedly a game of skill (we all know that is bs, the claw is designed to not actually grip properly everytime, but it is supposed to be a game of skill) - although if they did admit the claw only grabbed properly a percentage of the time, this percentage would need to be visible.

All I am saying is it is possible gog would have to be careful how they operated these things so they dont get caught up in anything like that - most of the examples people give of why it is gambling and a lottery are just plain stupid, im not supporting them or anything.
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RWarehall: Yeah, I looked it up online and frankly, the laws in most countries don't really apply to this. It's used for gambling and sweepstakes. While it "can" and some lawyers have blogs discussing "grab bags" it seems as long as the bags have "similar value", its no big deal. Now if one of them contained a diamond ring or something, that becomes a different matter. So the question becomes whether a retail value $44.99 game is similar value to $9.99 games. But they have done these sort of promos before.

Furthermore, it gets cloudier. Does GoG advertise this sale to Canadian citizens for example? Because for online gaming, as long as the site doesn't specifically "advertise to Canadians", they are not violating Canadian law when Canadian citizens gamble on their sites.
Are you seriously suggesting that something not being enforced makes it legal? This whole business is built on the fact that a lack of enforcement is not the same thing as being legal. Otherwise, we would all be going to abandonware site rather than wasting money here.
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EckoShy: As many people are now aware the pinata deal more or less lied when it claimed you won't get a game you already own unless you own everything in the promo. Turns out at least two of the games had limited quantities available, which was not mentioned anywhere on the promo page.
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real.geizterfahr: Where did it lie? There's no official list of games available in the piñata (tracker thread is done by the community and not legally binding for GOG)! And all it says in the FAQ is that you won't get doubles as long as there's a game available in the piñata that you don't own already. If Dreamfall and Republique are "sold out" and you own all the other 23 games, then there's no game in the piñata that you don't own already and you get a gift code.

No false advertising here. You're just mixing things that don't belong together (GOG's sale + community's tracker thread). There's no official word about the available games, thus there's no need to mention limited quantities of certain games either. Something's sold out? It's not in the piñata anymore.

As for the rest: Lots of users got fast support initially, before it came to a sudden halt. This happens every single sale when support gets flooded with tickets. You'll get your refund. It'll just take some time since your ticket isn't more important than the other tickets with the same requests.
There's no false advertising because they provide very little information. Random can be fun, but there are better ways of doing random that would be less exploitive.
Post edited September 14, 2015 by hedwards
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Trilarion: On the one hand GOG seems to just have technical difficulties with the prevention of doubles (this is not the fault of the support, they rather try to fix it)
True doubles seem to be extremely rare. Lots of doubles turned out to be piñatas bought as gifts (no need to check your library, since a gift is a gift and not for you anyway) and people who owned everything except Dreamfall and/or Republique (sold out).

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Trilarion: and on the other hand GOG should more clearly state if the usual 14 days return right (if you did not download the game) applies or doesn't apply to them.
The usual 30 days withdrawal right applies (6.7d of GOG user agreement)

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Trilarion: In that case they must also say it and not just remain silent about it. If they did not tell the customer about all their rights, they indeed might be acting shady.
Why? You have the right to withdrawal from every purchase. The only case where they should mention anything is, when there is something where you DON'T have your usual rights.
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real.geizterfahr: ... Why? You have the right to withdrawal from every purchase. The only case where they should mention anything is, when there is something where you DON'T have your usual rights.
Really? I actually thought that you have that right (usually) and they must tell you about your rights and the time period actually only starts from the moment on they tell you your rights.

Anyway I'm confused now. I would like to hear from someone who actually did that and ask for a withdrawal and got away with it.
Post edited September 14, 2015 by Trilarion
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Trilarion: Really? I actually thought that you have that right (usually) and they must tell you about your rights and the time period actually only starts from the moment on they tell you your rights.
GOG tells you everything about your rights all the time. You register here? You agree to the user agreement. GOG changes the user agreement? They tell us about it (they even told us BEFORE they changed it). You put something in your cart and go to the checkout page? Look at the paragraph below your order:

We never save your payment details and the order is protected by secure connection. Your order is also covered by our 30 Day Money Back Guarantee. This purchase will be subject to consumer withdrawal rights, which will end once the digital content is downloaded. By placing your order, you agree to the GOG Terms of Use and GOG Privacy Policy and you confirm that you are currently in Spain. Need help? Check our help pages or contact us.
Note: I copied this from a checkout page where I only have 1 piñata in my cart (nothing else). It still says "This purchase will be subject to consumer withdrawal rights, which will end once the digital content is downloaded." - as it does always.

No, I don't see any reason why GOG should mention that piñatas can be refunded too. They're just a normal purchase, just as every other game. And to be honest, I was even a bit surprised that GOG allows us to get refunds for piñatas. This turns this sale into a "Pick any game for 3 bucks" sale, where you have to buy 25 piñatas to get every game and ask for refunds of those you don't like (lots of wasted time for customers and GOG).

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Trilarion: Anyway I'm confused now. I would like to hear from someone who actually did that and ask for a withdrawal and got away with it.
I've seen quite a few users saying they got refunds/store credit. I think it was in the piñata news thread and/or in the tracker thread. I'm too lazy to search though :P
Post edited September 14, 2015 by real.geizterfahr
It's astonishing how different experiences with GOG support can be. Mine have always been very positive. And they stay very positive. Wrote a mail about 3 hours ago, because Sword of the Stars: The Pit Gold Edition was added to my account despite the fact that I already own the base game and all the DLCs and asked for either a refund in store credit or a change to a gift code. They answered within 2 hours and I already have the store credit in my account.
Seriously? I wrote on Friday afternoon and I still don't have a reply. Maybe I chose the wrong option. What did you choose?
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PaterAlf: It's astonishing how different experiences with GOG support can be. Mine have always been very positive. And they stay very positive. Wrote a mail about 3 hours ago, because Sword of the Stars: The Pit Gold Edition was added to my account despite the fact that I already own the base game and all the DLCs and asked for either a refund in store credit or a change to a gift code. They answered within 2 hours and I already have the store credit in my account.
That's more due to the crappy system on gog. :P
If you have the base game with all dlc's maybe the gold edition should just be in your library.
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JediEagle: Seriously? I wrote on Friday afternoon and I still don't have a reply. Maybe I chose the wrong option. What did you choose?
Contact Us => My orders, payments and downloading games => order change (from regular to gift order)

I also gave them the important infos (order number and last four digits of my credit card) right away to make things easier for them.