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General discussion (archive)Telltale not honouring DVD sales(138 posts)(138 posts)
(138 posts)
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This is my favourite topic
Posted January 22, 2014
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Cormoran: You shouldn't have waited so long, you obviously didn't want them very much if you were willing to wait 2+ years to actually ask for them.

All I'm seeing is yet another example of someone trying to blame everyone but themselves for their problems. You'll get no sympathy from me.
I've already explained why I waited two years but I wouldn't expect you to do anything like read the thread. Long story short, I do very much want the DVD but I'm not really bothered about your sympathy.
Posted January 22, 2014
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Cormoran: You shouldn't have waited so long, you obviously didn't want them very much if you were willing to wait 2+ years to actually ask for them.

All I'm seeing is yet another example of someone trying to blame everyone but themselves for their problems. You'll get no sympathy from me.
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SirPrimalform: I've already explained why I waited two years but I wouldn't expect you to do anything like read the thread. Long story short, I do very much want the DVD but I'm not really bothered about your sympathy.
Actually I did read it, the excuse is bullshit. It nets you a few months at most, you waited years.
Posted January 22, 2014
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SirPrimalform: I've already explained why I waited two years but I wouldn't expect you to do anything like read the thread. Long story short, I do very much want the DVD but I'm not really bothered about your sympathy.
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Cormoran: Actually I did read it, the excuse is bullshit. It nets you a few months at most, you waited years.
Hang on, a few months? What exactly do you think Telltale's turn around time on seasons is? If the shipping rate to Australia is as bad as it is to Europe then you would wait and order several DVDs at the same time too.
Posted January 22, 2014
I waited several years for them to finally have another site sale so I could grab the games I was missing - including Bone, which stayed at a fairly high price for years - then they pulled this shit.

I'm pretty much done with Telltale now. They've been steadily going downhill and ever since The Walking Dead... it just hasn't been the same.

If you have Back to the Future, Tales of Monkey Island, and the Sam and Max games, back them up. I don't expect them to stick around forever. Especially since Sam and Max and Monkey Island are licensed from LucasArts, who are now owned by Disney, who has a habit of pulling things from digital stores just because they can.
Posted January 22, 2014
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SirPrimalform: 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.
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misteryo: 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.
I'm not sure about the UK, but the statute of limitations on contracts around here is 6 years. 3 years is usually the amount of time you have to file a suit after you become aware of whatever injury.
Posted January 22, 2014
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Foxhack: I waited several years for them to finally have another site sale so I could grab the games I was missing - including Bone, which stayed at a fairly high price for years - then they pulled this shit.

I'm pretty much done with Telltale now. They've been steadily going downhill and ever since The Walking Dead... it just hasn't been the same.

If you have Back to the Future, Tales of Monkey Island, and the Sam and Max games, back them up. I don't expect them to stick around forever. Especially since Sam and Max and Monkey Island are licensed from LucasArts, who are now owned by Disney, who has a habit of pulling things from digital stores just because they can.
Totally agree, they've been going downhill for a while.

I'm not sure how much good backing up the downloads would do considering how they're DRM'd to fuck. Still, I have all of my DVDs apart from BttF and Bone so I'm ok there. They've still not restored Monkey Island Special Edition to my account though...

By the way, since when has Disney owned Sam & Max? I know Steve Purcell works at Pixar but I don't think that grants them ownership of Sam & Max.

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hedwards: I'm not sure about the UK, but the statute of limitations on contracts around here is 6 years. 3 years is usually the amount of time you have to file a suit after you become aware of whatever injury.
Thanks, that's useful to know.
Post edited January 22, 2014 by SirPrimalform
Posted January 22, 2014
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SirPrimalform: By the way, since when has Disney owned Sam & Max? I know Steve Purcell works at Pixar but I don't think that grants them ownership of Sam & Max.
They don't own Sam and Max, but I bet LucasArts was involved in the original licensing deal with Telltale since they released the original Sam and Max: Hit the Road.
Posted January 22, 2014
From: https://web.archive.org/web/20101203065955/http://www.telltalegames.com/support/#free-disc-version
"[i]I heard I can get a free disc version of your games. How does that work?
If you buy a full season of games from Telltale's store, you have the option to get a Collector's DVD version at the end of the season for just the cost of shipping. Your order number serves as your coupon code to get this free disc. The following Collector's DVDs are now available:
Sam & Max Season One
Sam & Max Season Two
Strong Bad's Cool Game for Attractive People
The Collector's DVDs for Wallace & Gromit's Grand Adventures and Tales of Monkey Island will be available after all of the episodes have been released for download. We'll send season customers an email letting you know when the disc is available.[/i]"

The bold is me. As I read the terms, the DVD was not part of your original order. Your original order becomes a coupon that you have the option of redeeming, should you want to pay shipping. Also, it says when the DVDs become available. It does not promise they will be available in perpetuity.

My two cents:
A. You don't have a leg to stand on. You assumed the company would be happy to warehouse something for you indefinitely. You also seem to have interpreted the DVD offer strangely. You keep saying, "I paid for it," when you did not. Nor did you even order it. So, the company didn't even know you wanted it.

B. Telltale could do a better job with customer support for a long-standing customer. If there was any chance they could find a spare DVD lying around, they should have sent it to to keep your goodwill, even while they explained how the offer really worked, so that you would be simultaneously made happy and stand corrected as to what the company promised and didn't promise. If the DVD really and truly is gone for good, they should have coughed up some game code for you to try to keep you as a customer. Instead, they just said, "No." Bad customer service.

EDIT: Hmmm... Why doesn't italic work?
Post edited January 22, 2014 by misteryo
Posted January 22, 2014
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SirPrimalform: By the way, since when has Disney owned Sam & Max? I know Steve Purcell works at Pixar but I don't think that grants them ownership of Sam & Max.
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Foxhack: They don't own Sam and Max, but I bet LucasArts was involved in the original licensing deal with Telltale since they released the original Sam and Max: Hit the Road.
LucasArts doesn't own the Sam and Max IP, Steve Purcell owns it and was the one that licensed it to Telltale.
Posted January 22, 2014
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Foxhack: They don't own Sam and Max, but I bet LucasArts was involved in the original licensing deal with Telltale since they released the original Sam and Max: Hit the Road.
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Kristian: LucasArts doesn't own the Sam and Max IP, Steve Purcell owns it and was the one that licensed it to Telltale.
Well that's awesome then. Good to know.
Post edited January 22, 2014 by Foxhack
Posted January 22, 2014
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Foxhack: They don't own Sam and Max, but I bet LucasArts was involved in the original licensing deal with Telltale since they released the original Sam and Max: Hit the Road.
No no, the Telltale Sam & Max games were only able to be made once LucasArts's licencing of the property expired.
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misteryo: The bold is me. As I read the terms, the DVD was not part of your original order. Your original order becomes a coupon that you have the option of redeeming, should you want to pay shipping. Also, it says when the DVDs become available. It does not promise they will be available in perpetuity.

My two cents:
A. You don't have a leg to stand on. You assumed the company would be happy to warehouse something for you indefinitely. You also seem to have interpreted the DVD offer strangely. You keep saying, "I paid for it," when you did not. Nor did you even order it. So, the company didn't even know you wanted it.

B. Telltale could do a better job with customer support for a long-standing customer. If there was any chance they could find a spare DVD lying around, they should have sent it to to keep your goodwill, even while they explained how the offer really worked, so that you would be simultaneously made happy and stand corrected as to what the company promised and didn't promise. If the DVD really and truly is gone for good, they should have coughed up some game code for you to try to keep you as a customer. Instead, they just said, "No." Bad customer service.

EDIT: Hmmm... Why doesn't italic work?
It does indeed say when the DVDs become available, they became available. It say nothing about them ceasing to be available though. I agree it makes no promises, but at the same time it also makes no allowances like "while stocks last" or an expiry date on the 'offer'. The entitlement to the DVD was still listed as a feature on the store page. Specifically, it entitles me to order the DVD after it has been made. I attempted to order it but they've taken the page down, I'm still entitled to order it though because there was no limitation given.

Anyway, even if you do disagree with me I appreciate your well thought out and polite post (unlike Cormoran up there). It's certainly made me reconsider my stance (although I have still ended up feeling the same way in the end).

Oh yeah and GOG's forum software doesn't allow linebreaks within the italics tags so you have to tag every single line separately... D;
Post edited January 22, 2014 by SirPrimalform
Posted January 22, 2014
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SirPrimalform: Oh yeah and GOG's forum software doesn't allow linebreaks within the italics tags so you have to tag every single line separately... D;
Ha! You do learn something once in a while if you pay attention. Thanks!

And, yeah, what a rotten experience to look forward to a thing for so long, and then not get it.
Posted January 22, 2014
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hedwards: I'm not sure about the UK, but the statute of limitations on contracts around here is 6 years. 3 years is usually the amount of time you have to file a suit after you become aware of whatever injury.
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SirPrimalform: Thanks, that's useful to know.
Obviously, you'll want to consult with a qualified professional as far as the specifics go. Around here the statute of limitations is one thing, but having no idea what it is where Telltale is, I have no idea how accurate that might be.

I doubt that it's going to be worth taking to small claims court, but who knows. But, the statute of limitations on contracts is not necessarily going to be the same as the statute of limitations that would apply if you, for example, slipped on a wet floor or fell due to a broken railing.
Posted January 22, 2014
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misteryo: Ha! You do learn something once in a while if you pay attention. Thanks!

And, yeah, what a rotten experience to look forward to a thing for so long, and then not get it.
Well it's the way they did it as much as anything. If they'd said "I'm sorry but we don't have any stock left and aren't printing any more" I'd be a lot less pissed off than I am at them saying "that promotion has ended".

It doesn't help that their solution to Monkey Island: SE disappearing from my account was to email me a link to the installer and a CD-key. Why not restore it to my account!?

All in all it's a pretty bad customer service experience. =(

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hedwards: Obviously, you'll want to consult with a qualified professional as far as the specifics go. Around here the statute of limitations is one thing, but having no idea what it is where Telltale is, I have no idea how accurate that might be.

I doubt that it's going to be worth taking to small claims court, but who knows. But, the statute of limitations on contracts is not necessarily going to be the same as the statute of limitations that would apply if you, for example, slipped on a wet floor or fell due to a broken railing.
I honestly have no intention of taking it to court yet, but thanks anyway.
Post edited January 25, 2014 by SirPrimalform
Posted January 22, 2014
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htown1980: "doing what's right" is subjective. Some might argue its not the right thing to do to expect a company to hold on to a dvd for 2 years waiting for you to do something. Some might say its perfectly reasonable, after 2 years with no indication from you that you would be requesting the DVD to no longer stock them. Personally, I think it's a little unreasonable to expect them to honour it after such a long time, but I accept others may disagree.
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SirPrimalform: The page said I was entitled to the DVD, no time limit. 5 years might be unreasonable but 2 years isn't, especially when at the time the DVDs were available on the store indefinitely. The Sam & Max Season 1 DVD had been available for longer than 2 years at that point.

Besides, the DVDs disappeared over night. People who bought the game in August and waited 2 months are in the same situation as me. It's not about what is a reasonable length of time to wait, it's about the fact that they didn't specify a time (or stock) limit and then removed the DVDs without warning.
People who lost out after 2 months may have a cause of action. Regrettably, that doesn't change the situation for you.

I don't think anyone has suggested otherwise, but, to clarify, the limitation period issue just means you can take action up to either 3 or 6 years after the cause of action accrued, it doesn't mean you can wait up to 3 or 6 years to claim the DVD.
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This is my favourite topic
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General discussion (archive)Telltale not honouring DVD sales(138 posts)(138 posts)
(138 posts)