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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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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.
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htown1980: 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.
I don't see the difference between 2 months and 2 years. In both cases the DVD was withdrawn without warning and there was no disclaimer saying there was any time limit. Again, Sam & Max season one was available for years, as were all of their other DVDs. That was simply how they operated, there was never any hint that it was a limited promotion but rather something that all the customers were entitled to. Even during preorders the BttF DVD was advertised as a feature of the product being sold.
Posted January 22, 2014
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htown1980: 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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SirPrimalform: I don't see the difference between 2 months and 2 years. In both cases the DVD was withdrawn without warning and there was no disclaimer saying there was any time limit. Again, Sam & Max season one was available for years, as were all of their other DVDs. That was simply how they operated, there was never any hint that it was a limited promotion but rather something that all the customers were entitled to. Even during preorders the BttF DVD was advertised as a feature of the product being sold.
If you can't see the difference between 2 months and 2 years then there is nothing more I can say.

I hope that somehow you are able to get the DVD that you want.
Posted January 22, 2014
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htown1980: If you can't see the difference between 2 months and 2 years then there is nothing more I can say.

I hope that somehow you are able to get the DVD that you want.
I just don't see how time is relevant, 2 years is not a long time relative to the time I've been a customer there nor is it a long time relative to how long Sam & Max discs were available.

There is no difference between 2 years and 2 months because I'd still be in the same situation if it was only 2 months. I'd still be in the same situation because time is not what caused this situation, it's Telltale's shitty overnight disappearing of the DVDs.
Posted January 22, 2014
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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.
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SirPrimalform: 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.
The same for any videogame these days. Game sales are exceedingly front-loaded and as a result so are the added benefits. And yes shipping costs can be bad here, it still doesn't take me 2+ years to order what I want, if I actually want it.
Posted January 22, 2014
I'm baffled that so many people would jump to criticise the customer, when this whole business is blown completely out of proportion. Put simply, even if Telltale are in the right (and that's a very big "if"), it really wouldn't break their bank to fulfil SPF's order. In the unlikely even that they're truly and utterly out of stock, they'd be much better served by apologising for the inconvenience and offering him some form of in-store compensation, say another game! He is their customer, after all, and a fairly loyal one, by the look of things! That's not the kind of person they should want to piss off.
Posted January 22, 2014
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Cormoran: The same for any videogame these days. Game sales are exceedingly front-loaded and as a result so are the added benefits. And yes shipping costs can be bad here, it still doesn't take me 2+ years to order what I want, if I actually want it.
I still think you haven't read the thread properly. As I said before, I used to order my DVDs in batches. I'd wait until I had 3 or so because the combined shipping was much better value. I don't really get why you're being such a hostile dick about it, htown1980 and misteryo are able to disagree with me without being an arse.
Posted January 22, 2014
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Cormoran: The same for any videogame these days. Game sales are exceedingly front-loaded and as a result so are the added benefits. And yes shipping costs can be bad here, it still doesn't take me 2+ years to order what I want, if I actually want it.
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SirPrimalform: I still think you haven't read the thread properly. As I said before, I used to order my DVDs in batches. I'd wait until I had 3 or so because the combined shipping was much better value. I don't really get why you're being such a hostile dick about it, htown1980 and misteryo are able to disagree with me without being an arse.
Because I think you're acting like a whiny brat. They might tolerate such behaviour, I do not. I've read your excuse, I don't find it to be valid. At some point you need to lay at least some of the blame at your own feet.

I'm not going to spoon with you and whisper sweet nothings in your ear just so my disagreement doesn't offend.
Posted January 22, 2014
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Cormoran: The same for any videogame these days. Game sales are exceedingly front-loaded and as a result so are the added benefits. And yes shipping costs can be bad here, it still doesn't take me 2+ years to order what I want, if I actually want it.
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SirPrimalform: I still think you haven't read the thread properly. As I said before, I used to order my DVDs in batches. I'd wait until I had 3 or so because the combined shipping was much better value. I don't really get why you're being such a hostile dick about it, htown1980 and misteryo are able to disagree with me without being an arse.
Thanks for not calling me an arse. I try hard to disagree with people without being an arse but sometimes I look at my posts and think "yeah, you were being a bit of an arse". :)
Posted January 22, 2014
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SirPrimalform: I still think you haven't read the thread properly. As I said before, I used to order my DVDs in batches. I'd wait until I had 3 or so because the combined shipping was much better value. I don't really get why you're being such a hostile dick about it, htown1980 and misteryo are able to disagree with me without being an arse.
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Cormoran: Because I think you're acting like a whiny brat. They might tolerate such behaviour, I do not. I've read your excuse, I don't find it to be valid. At some point you need to lay at least some of the blame at your own feet.

I'm not going to spoon with you and whisper sweet nothings in your ear just so my disagreement doesn't offend.
And how exactly is any of this your business? If you don't like it, you can post elsewhere. From what I understand Telltale usually has the DVDs available for years and failed to put any limitation on the amount of time one had to claim the option.

It might have been ill-advised to wait so long, but it's still TTG's fault and the least they could do is apologize and offer the SPF something for his trouble seeing as it was supposed to be included in the offer. This is why most offers are in some fashion time limited, it means that the company knows how long they have to stock the items for.
Posted January 22, 2014
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SirPrimalform: There is no difference between 2 years and 2 months because I'd still be in the same situation if it was only 2 months.
The difference between two years and two months is of course the time you had available to order the DVD's, which in turn is the amount of time you spent not ordering the DVD's. Your situation is not equal to theirs because you had plenty of time to go ahead and order the DVD's, yet you did not. That is a legitimate point to make and criticize.

I know you have no intention of taking this to court, but this is a discussion about what rights one should expect to have in this particular situation, so the legal side of this matter is actually important. Frankly, I think you would be hard pressed to find a judge anywhere that would agree that you can sit around and wait forever to complete your order at your convenience, be it one month or ten years after the matter, and expect it to be fulfilled. But I think the real issue here is not that an order was not completed, but rather that it was never placed to begin with. It seems to me that free DVD's were not a part of your original purchase, but rather an offer that was unlocked by your purchase of the digital downloads. In order to invoke the offer, you had to use your coupon and pay the shipping fees. I assume that an order would not be considered to be placed before both of those criteria - use the coupon and pay the shipping fees - had been met. In other words, you never actually ordered the DVD's. This is actually an important consumer right - companies cannot send you and bill you for something you have not expressly asked for. The flipside of this is that companies are not obligated to keep you updated on products you have not placed orders for.

Let me just make clear that I think that Telltale has made several errors in this case. I am also staunchly in favor of consumer rights over company rights, and I think you make some fair points. For example, assuming that Telltale still has DVD's sitting around I think they should have sent you a copy to show some goodwill. I also think it would not have killed them to notify everyone with unused coupons that the DVD's would soon be removed and that orders needed to be placed within a certain time frame. However, I do not think you are being entirely fair, and this post is an attempt at explaining why I think so.

EDIT:
I should also point out that assuming that Telltale
A) did not specify a time frame for the validity of the coupon, and
B) did not send out an e-mail to give customers a final chance to use their coupons before the DVD's were pulled,
I am ultimately, but only barely, agreeing with OP that the coupons should still be considered valid.
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hedwards: And how exactly is any of this your business? If you don't like it, you can post elsewhere.
OP posted on a public forum. Cormoran is a member of said forum.
Post edited January 22, 2014 by Announcement
Posted January 22, 2014
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Announcement: EDIT:
I should also point out that assuming that Telltale
A) did not specify a time frame for the validity of the coupon, and
B) did not send out an e-mail to give customers a final chance to use their coupons before the DVD's were pulled,
I am ultimately, but only barely, agreeing with OP that the coupons should still be considered valid.
They never said anything about discontinuing the physical copies - probably because they knew they would never be able to cover everyone asking for a copy once they made that information public.
Posted January 22, 2014
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Foxhack: probably because they knew they would never be able to cover everyone asking for a copy once they made that information public.
If that's true, they were being dicks about it.

However, my whole rant about ordering the actual DVD's versus ordering (and receiving) the coupon was just to make the point that Telltale's decision not to inform coupon holders about the withdrawal of the DVD's and subsequent refusal to deliver DVD's to customers like OP falls into a gray area, since any coupon holder who had not paid the shipping fee had not actually ordered the DVD's. (That being said, I still think it would have been decent of Telltale to inform their customers.)
Posted January 25, 2014
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Cormoran: Because I think you're acting like a whiny brat. They might tolerate such behaviour, I do not. I've read your excuse, I don't find it to be valid. At some point you need to lay at least some of the blame at your own feet.

I'm not going to spoon with you and whisper sweet nothings in your ear just so my disagreement doesn't offend.
Yes I took a long time to order, but I have a reason for doing so and even without that reason they still shouldn't have removed the DVDs without warning. I just don't see how you can possibly consider them to be in the right on that bit. I paid for my DVD, if they want to remove the option to get it then the least they could do was to let me know before they did that.
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SirPrimalform: There is no difference between 2 years and 2 months because I'd still be in the same situation if it was only 2 months.
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Announcement: The difference between two years and two months is of course the time you had available to order the DVD's, which in turn is the amount of time you spent not ordering the DVD's. Your situation is not equal to theirs because you had plenty of time to go ahead and order the DVD's, yet you did not. That is a legitimate point to make and criticize.

I know you have no intention of taking this to court, but this is a discussion about what rights one should expect to have in this particular situation, so the legal side of this matter is actually important. Frankly, I think you would be hard pressed to find a judge anywhere that would agree that you can sit around and wait forever to complete your order at your convenience, be it one month or ten years after the matter, and expect it to be fulfilled. But I think the real issue here is not that an order was not completed, but rather that it was never placed to begin with. It seems to me that free DVD's were not a part of your original purchase, but rather an offer that was unlocked by your purchase of the digital downloads. In order to invoke the offer, you had to use your coupon and pay the shipping fees. I assume that an order would not be considered to be placed before both of those criteria - use the coupon and pay the shipping fees - had been met. In other words, you never actually ordered the DVD's. This is actually an important consumer right - companies cannot send you and bill you for something you have not expressly asked for. The flipside of this is that companies are not obligated to keep you updated on products you have not placed orders for.

Let me just make clear that I think that Telltale has made several errors in this case. I am also staunchly in favor of consumer rights over company rights, and I think you make some fair points. For example, assuming that Telltale still has DVD's sitting around I think they should have sent you a copy to show some goodwill. I also think it would not have killed them to notify everyone with unused coupons that the DVD's would soon be removed and that orders needed to be placed within a certain time frame. However, I do not think you are being entirely fair, and this post is an attempt at explaining why I think so.

EDIT:
I should also point out that assuming that Telltale
A) did not specify a time frame for the validity of the coupon, and
B) did not send out an e-mail to give customers a final chance to use their coupons before the DVD's were pulled,
I am ultimately, but only barely, agreeing with OP that the coupons should still be considered valid.
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hedwards: And how exactly is any of this your business? If you don't like it, you can post elsewhere.
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Announcement: OP posted on a public forum. Cormoran is a member of said forum.
Yes, it's true I spent 2 years not ordering the DVDs. However: The availability of the DVD wasn't some promotion, it was a very real part of what I paid for (and was listed as a feature in the store).

What it said in the store was:

Get free full season Collector’s DVD. Available for order after series finale (you pay only for shipping and handling)
So without a disclaimer about availability, I very much paid for the right to get a free full season Collector’s DVD. I am attempting to get my free full season Collector's DVD, but they won't let me. Thus they have failed to deliver what I paid for. The actual DVD wasn't part of my order (because it hadn't been made at that point, so there wasn't even an option to pay the shipping then), but the right to the DVD was part of that order. I hope that makes sense.

Anyway, I only disagree with you on the nature of the 'DVD offer'. You are correct that it didn't include the DVD, but the 'coupon' as you put it, was something I paid for and which didn't have an expiry date or stock limit.

Also, as much as he's being a dick, I agree with you about Cormoran. It's a public forum so he has a right to come in here and be a dick, but then we have the right to tell him he's being a dick. 'sall fair. :P
Post edited January 25, 2014 by SirPrimalform
Posted January 25, 2014
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Foxhack: They never said anything about discontinuing the physical copies - probably because they knew they would never be able to cover everyone asking for a copy once they made that information public.
Hmm, well then that would be disingenuous considering they said every customer was eligible for one.
Posted January 25, 2014
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Foxhack: They never said anything about discontinuing the physical copies - probably because they knew they would never be able to cover everyone asking for a copy once they made that information public.
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SirPrimalform: Hmm, well then that would be disingenuous considering they said every customer was eligible for one.
They have run out of stock on items before. Maybe they just didn't think it was worth doing another print run.
Post edited January 25, 2014 by Foxhack
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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)