Back when I ordered it. They used to do this with all of their games.

https://web.archive.org/web/20101203060431/http://www.telltalegames.com/store/backtothefuture

Sam & Max Season 3 had a DVD. I have all three seasons on my shelf. They opened orders for it in September 2010 and the first shipments went out in December.

I don't know when they stopped offering it, but I have an e-mail from December 2011 which suggests they still had all the DVDs available at that time.

I never got my Back To The Future DVD either, was waiting for a good opportunity to get Sam & Max Season 1 so I could get the DVD for that, too. That really blows. Their whole store is pretty much gone now, all they're selling are games. Good thing I got Sam & Max Surfin The Highway and the Season 3 poster pack before the purge.

No deadline was given and if they wanted to get my copy out of their store room they could have let me know. Disappearing my copy without even telling me is not acceptable. The shipping was just to ship what was already my property to my house.
Yes. I don't see a problem with that. If they wanted to impose a deadline they should have made that known. 3 years isn't that long in the grand scheme of things.

I'm not completely sure it'd hold up, it's not stated on my receipt (which season 1 & 2 DVDs are). The third DVD most likely hadn't been manufactured yet, but I'd hoped I'd be able to get it when it was ready.

Yeah, shipping is insane.

Check your confirmation email. I bought ToMI and BttF directly from TellTale and the email explicitly says " + Standard DVD". That represents the contract you concluded with TellTale. If they have taken your money and are refusing to fulfil their end of the contract, you have the right to take action for breach of contract.

Whether this amounts to actually filing suit is another thing, but you can drop subtle hints that you're not going to take that lying down. It's about time people like that started facing up to the fact that they cannot play fast and loose with contractual obligations as seems to be the case in the gaming industry at the moment.

Yeah, I don't know about that. If it really is three years we're talking about, then I think you're out of luck. If they ran out of DVDs in the intervening three years, they certainly aren't going to produce new ones now.

If you can produce terms and conditions language that support your claim that their original offer includes keeping a reserve DVD on their shelf forever, well... I find it hard to believe that you can.

If they really wanted to be nice, they could refund your original purchase money, but you did receive the game, right? So, I'm not sure this would be a great move on their part either.

If I were customer support for them, I would look for some freebie I could give you now as an offer of good will, and I would explain that there is nothing possible to do about the DVD.

Completely understandable.
Problem is, you didn't fullfill your end of the agreement (paying for shipping and handling) for quite some time. Just because there isn't a specifical timeframe stated until you have to fullfill that, it doesn't automatically get extended ad infinitum nor does that imply, that they have to keep their end up as long. Probably every court would call for a timeframe that's usually considered standard as applicable and 3 years..... seems to be a wee bit beyond of that.

Actually, now I count it it's only been 2 years from the 27th of August 2013 so it's less than 2 and a half years at the moment. I'm also not sure when they took the store down but I first asked about how to get my DVD on the 18th of October 2013 so it was only 2 years and a couple of months at that point. Obviously the store was taken down prior to that.

Point is, I consider it unreasonable for them to have disappeared my DVD without any warning. No deadline was given at the time and no warning was given in between then and the point at which I discovered I couldn't get it any longer.
And you were entitled to it when it was ready and with no time limit they still owe you something. With seasons 1 & 2 did you pay for the shipping at the time you bought the downloads? Because that would account for the DVDs being mentioned on the receipts. Your purchase of season 3 still entitled you to a DVD though.
You must have bought them after the DVDs had been manufactured (or I guess put down shipping in advance?). I tended to wait until I had about 3 discs before paying for the combined shipping.

So I'm guessing that your order confirmation didn't explicitly mention the DVDs?

That's why you need everything in black and white, even if it's just an email.

No, paid shipping when I actually ordered the DVD's.

Edit: I think. Was a long time ago. I seem to only have one receipt on the telltale site.

Edit2: You're likely right, I probably did pay for everything at once, since the signed posters are also there.

(I can't think straight, I'll blame the three beers I've had and me being a cheap drunk)

They continued to offer Sam & Max season 1 DVDs for years after its release, 2 years is nothing compared to that. Not only that but looking at the Wayback Machine, they were offering BttF DVDs in August 2013, they only vanished in September.

Would you consider me to be more entitled to what I paid for if I bought the game in August 2013? I'd still be in the same situation. The point is, no warning was given at all that the DVDs were going to vanish over night.

No, because they DVDs hadn't been made at that point. However, the Wayback Machine makes it clear that the DVD was still part of what I paid for, I was just pre-ordering it.
Hmm, my Sam & Max season 1 & 2 order confirmations don't mention DVDs despite them already being available when I bought the games.

EDIT: I'm sorry, my response was overblown. It doesn't matter that much.

Well, that was me. I'm sorry if you feel slighted. But I thought that I was helping. I certainly didn't mean to insult you.

Why wouldn't you want customer support to see this thread? Companies care about bad publicity, and they might be more likely to help, knowing that their actions are now public.