It is currently Sat May 18, 2013 9:58 pm
If you purchased the game from the EA Store, there are currently technical difficulties with sending out the keys. The keys will go out as soon as possible, but an ETA on when you will get your key is unknown
MaxisKiwiboat wrote:The inability to copy and paste the key also drives me banana sandwich.
Ujiemon wrote:The law of Torts is pretty well the same on this all over the world. You've paid money in advance to Steam (the seller) for a digital downloadable product, supplied by EA (the distributor) which is labelled "Darkspore Pre-Order". As the server is now live, and the game is not available to those who pre-purchased through Steam, both the seller AND the distributor are liable for false advertising.
Any "pre-order" game, regardless of where it has been sourced, has been purchased on the basis that it is available when the servers go live. Each customer who bought a "Darkspore Pre-Order" holds a binding contract with both the seller AND the distributor to that effect.
If either the seller or the distributor (or both) knew before release that any pre-purchase made through Steam (or anywhere else) would not be available at the time servers went live, but didnt make due effort to inform the customer, then they have profited from a fraudulent act (or deception).
All customers so affected should not be put off by any administrative process used by parties in the wrong to delay and frustrate the refund process. This situation is about more than just the right of all customers to both request and receive a refund in a reasonable time frame. It is also about;
1.0) False advertising
2.0) Financial gain from deception
2.1) either deliberately (fraud)
2.2) or not (gross negligence).
Regardless of the jurisdiction for each customer so aggrieved, the alleged wrongs as described would if proved, be dealt with under the crimes act. These alleged felonies are a completely separate matter to proceedings launched by customers who feel they have been deceived and now request a refund.
Customers can pursue a refund through a small claims court in ANY jurisdiction, and do so at negligible cost, by representing themselves. This is something that scares many people however it should not. All that is required is for you to show up on time and tell the judge what happened and how u feel about it.
All you are doing is requesting a refund within a reasonable time frame. If the judge finds in your favor, then it is likely that the alleged felonies described above will be referred by the judge to the office of public prosecutions (and the police) for further investigation. If these are then proved, then you are within your rights to pursue a further claim for punitive damages.
Users browsing this forum: No registered users and 0 guests