13 réponses à ce sujet

[Stalwart]

Hi, Please bare with me as I've had no luck on the Answers board at EA.

 

Normally when it comes to either Mass Effect or Dragon Age I automatically pre-order the best edition I can get be it collectors or signature, or in the case of DA:I the Deluxe was the best my local carried.

 

In the case of DA:I it was a no brainer for me.  I loved the previous games, including DA2, and was really looking forward to it.  Now I bought the game for £60 for the Xbox 360 which is about $100 in US dollars.  I have yet to upgrade to the Xbox One, and thought since the last Dragon Age games were on it, I should be ok with one more.

 

Considering the game has been released for about 1 1/2 weeks in some countries, I am still unable to make it past the tutorial stages.  The bugs and game breakers range from graphical bugs, console freezing, to speech errors, invisible enemies, hidden loot, and not to mention the fact that my Xbox sounds like a Jet due to the fact I can only install disk 1 of 2. 

 

As far as trying to make the game work, I've uninstalled games so I now have over 100 GB free, cleared my Cache, and signed in and out of Live to see if anything would help.  Nothing appears to fix the game, and right now I have a very angry wife who doesn't like the fact I spent all that money on a game I can't use.

 

So I have contacted EA who refuse to help me as I didn't buy the game direct from them.  The Game store I bought it from says they can't do anything because the physical game disks are not faulty.  Both companies keep referring me back to each other to get a solution. 

 

How do I get a refund for essentially a piece of software that isn't fit for use?  I must have some consumer rights that allow me get a refund?  If I could play it I would, and I know I would enjoy it like I do most of their other games, but I can't.

[Kantr]

The simple answer is you probably cant. Just resell the game onwards

[Minimooo]

Consumer rights in regards to digital content is a humongous grey area in the law - and to the detriment of the customer. The legal thinking is that because there is nothing wrong with the physical product, the customer is not entitled to a refund because the issue is with the digital content, which can be addressed by the developer. However, this then gets even more problematic because there is no set time frame for non-physical errors to be fixed - and I think you'll find that this is becoming an increasing trend that publishers capitalise on. Take Destiny, Assassin's Creed Unity - and the big cheese of release screw ups - Battlefield 4 on old gen as prime examples. The law is not concerned with digital rights, and for the most part, it falls down onto the good graces of the retailer. As someone who used to work in game retail, this was a problem we came across often, and we were pretty good at supporting the customer, but it is entirely up to the manager's discretion.

 

If you're really set on getting a refund and not holding out, take your issue to Xbox - they famously offered refunds to some people experiencing catastrophic failures with Destiny, even though they had nothing to do with the problems.

[Packmaster Jack]

I feel you friend. Having only a 360 I got the game for 360.. and I love the game proper but the shoddy details, constant graphical glitches, and occasional vocie issues basically seem to be screaming "screw you last-genners, we played you with false promises of mostly on-par experiences."

[Degs29]

The Game store I bought it from says they can't do anything because the physical game disks are not faulty.  Both companies keep referring me back to each other to get a solution. 

 

How do I get a refund for essentially a piece of software that isn't fit for use?  I must have some consumer rights that allow me get a refund?  If I could play it I would, and I know I would enjoy it like I do most of their other games, but I can't.

 

I think it's the game store screwing you here.  Even if it's not the physical disks that are causing an issue, you should be able to return it.  How can they prove it's not the disks?  Did they take them from you and install it on their own system?

[MissOuJ]

I'd say that either the disk is faulty or your console is on its last legs, particularly if it's making weird noises while you play the game.

 

If the disk is faulty, you are always entitled to a refund, and the burden of proof is on the seller (assuming you're in the UK). From this website:

 

When goods are faulty, if you return them within six months, then it's up to the shop to prove they weren't faulty when you bought them. After this, the burden of proof shifts and it's up to you to prove they were faulty when you bought them.

 

Another golden nugget of information from the same website:

 

When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!

 

If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it. It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with it.

 

Go back to the store and call them on their BS. If they can prove the disk is not faulty, then I'm sad to say your console is probably dying.

[Minimooo]

I'd say that either the disk is faulty or your console is on its last legs, particularly if it's making weird noises while you play the game.

 

If the disk is faulty, you are always entitled to a refund, and the burden of proof is on the seller (assuming you're in the UK). From this website:

 

 

Another golden nugget of information from the same website:

 

 

Go back to the store and call them on their BS. If they can prove the disk is not faulty, then I'm sad to say your console is probably dying.

 

Whilst this is all true, I still urge the OP to bear in mind that rights in regards to digital products are very sketchy. The response you could very well get is that they don't have the resources to test the disc for you, and even if they do, they will be aware of the issues with DA:I on old gen. Individual shops will likely get briefed on on-going issues with major releases, and they can still pull the card that the physical product they sold you is fine, and the fault is with the software which is down to the developer. And having been on both sides of the till, I can understand both points of view - obviously it's infuriating from the point of view of the customer, but the retailer has been just as screwed by the publisher because they will hemorrhage money if they had to offer full refunds for every big launch that has major issues - because frankly, there are so many of them, and as far as I'm aware there is no financial compensation plan for retailers in events like this, unless they take it to court. The retailer has bought the stock, and is acting as the middle man in selling it onto the customer - so they lose out too, and need to cover their butts. Particularly in an economic climate where high street retailers are fighting a losing battle against the internet market. 

 

Consumer rights in the digital world are sadly not clean cut and dry like with physical products - and it leaves both the middle-man retailer and the customer in an unfair position. I'm not saying it's right what's done, but it is a very messy story that needs to be a priority for international consumer politics. 

[Stalwart]

The Jet noise is only due to the CD player spinning at 100%while playing due to the fact you can't install the second disc. Ungortunately all Xbox 360 systems are loud when the CD is running which is why I like to install all of my games.

Also this is the only game I have an issue with. All the other games work fine and run smooth including DA2 which I started to play again to get my Dragon Age fix.

Thank you for your help though. Right now I feel my money would have been spent better if someone took it from me, which in a way I guess happened. I will call up the retailer again on Friday for help.

I guess I expect too much from these companies, though if I bought a watch that looked perfect, but couldn't tell the time I would expect a refund, or a version that did work.

[Minimooo]

The Jet noise is only due to the CD player spinning at 100%while playing due to the fact you can't install the second disc. Ungortunately all Xbox 360 systems are loud when the CD is running which is why I like to install all of my games.

Also this is the only game I have an issue with. All the other games work fine and run smooth including DA2 which I started to play again to get my Dragon Age fix.

Thank you for your help though. Right now I feel my money would have been spent better if someone took it from me, which in a way I guess happened. I will call up the retailer again on Friday for help.

I guess I expect too much from these companies, though if I bought a watch that looked perfect, but couldn't tell the time I would expect a refund, or a version that did work.

 

My best piece of advice is to be a "polite pest". Keep nagging them, but don't lose your temper, and you could well find that it's just not worth their effort to keep telling you no. And again, I do recommend getting in contact with Xbox directly. Good luck 

[Stalwart]

Thank you again Minimooo.  I have already contacted Xbox once and they gave me a few things to try, but it's still the same.  I've just again tried and they bounced me back to Bioware/EA.  I guess eventually someone will get tired of speaking with me, though I am always polite so hopefully that does help. 

 

I think I've said it before, but this and Mass Effect are two of my favorite series of all time.  I would love for this game to work, and I've tried a dozen of my other games, and they run fine.  Internet connection is fine, system runs great for everything but this.

[Rynjin]

I feel you friend. Having only a 360 I got the game for 360.. and I love the game proper but the shoddy details, constant graphical glitches, and occasional vocie issues basically seem to be screaming "screw you last-genners, we played you with false promises of mostly on-par experiences."

 

Don't worry, current gen and PC has these same problems.

 

It's equal opportunity suck.

[OminousGiggle]

I thought you were only able to install disk 1 on Xbox 360. not disk 2.

[Stalwart]

Don't worry, current gen and PC has these same problems.

 

It's equal opportunity suck.

Unfotunately I think your right, but to me the £60 I paid could be used for other things according to my wife, or indeed better games that work if it's up to me.

 

I thought you were only able to install disk 1 on Xbox 360. not disk 2.

 

Yes, only the first disk will install, which is why I get the signature loud noise coming from the CD player during play. Even though the install on the 1st disk is about 7 gb, the gameplay disk still spins at max while you play.  Since my console is about 3 feet away from me it is loud. 
 

[Etragorn]

For those in the US, you have 4 routes to pursue.

1. Chargeback/dispute if you used a debit or credit card to pay

2. File a complaint with the BBB

3. File a complaint with your state Attorney General's office

4. File a complaint with the FTC

I think that's about it. Not bad, really, you have more than a few avenues to pursue, if you are so inclined.