Game Stop scam

cnocbui

Hypothetically speaking, what would be the legal situation in the following hypothetical scenario?:

On 6-9-12, I Pre-ordered the Game Borderlands 2 in **** Nenagh, for my son. I elected to pay for it in full, and did so, €49.99

Today the game was released and I went to pick it up. I was told the price had gone up by €5 and that I had to pay the extra. I argued that that was not on as I had already paid the price they asked for, but was told by the cashier their 'system' wouldn't let me have it for that price.

I know I should have demanded a full refund and walked but the point of pre-ordering is that you get extra content not available to the ordinary retail version.

Can they legally do this?

Everyone who pre-ordered this in Ireland will presumably be facing this scam.

MagicSean

Did they say why? The game only costs €49.99 on Steam so i can't see why they would have to charge more.

cnocbui

No, they hypothetically just said the price had gone up. No reason given

Pacing Mule

MagicSean wrote: »

Did they say why? The game only costs €49.99 on Steam so i can't see why they would have to charge more.

The RRP of the game for consoles is €59.99 - €64.99.

The price increase is more accurately a less of a discount off the RRP than previously planned. I'd say a lot of it is to do with the sterling - euro exchange rate taking a hammering over past couple of months.

All that said - if the price was quoted as being €49.99 and payment was accepted of €49.99 with the understanding that the game was fully paid for and to be collected at a later date I do think that Gamestop are on shaky ground. If however they said it is expected to be €49.99 and took a €49.99 deposit it's a slightly different story.

MagicSean

What system was it for?

chops018

More than likely there is some sort of condition floating around that when you sign up to these pre-orders the price may be subject to change. They're not stupid, they will have themselves covered in such situations.

MagicSean

According to the website there are none more expensive than €49.99

http://www.gamestop.ie/SearchResult/QuickSearch?q=borderlands

NoQuarter

Theoretically speaking, they are probably in the wrong due to the rules of the formation of a contract. There was a valid contract and they then asked for more without offering anything extra.

Practically speaking, its €5 so theres not much youd be bothered doing about it! Maybe send an e-mail!

Penn

cnocbui wrote: »

Hypothetically speaking, what would be the legal situation in the following hypothetical scenario?:

On 6-9-12, I Pre-ordered the Game Borderlands 2 in **** Nenagh, for my son. I elected to pay for it in full, and did so, €49.99

Today the game was released and I went to pick it up. I was told the price had gone up by €5 and that I had to pay the extra. I argued that that was not on as I had already paid the price they asked for, but was told by the cashier their 'system' wouldn't let me have it for that price.

I know I should have demanded a full refund and walked but the point of pre-ordering is that you get extra content not available to the ordinary retail version.

Can they legally do this?

Everyone who pre-ordered this in Ireland will presumably be facing this scam.

I think they can do this provided they allow you to have a full refund if you don't want to pay the extra.

Procrastastudy

Penn wrote: »

I think they can do this provided they allow you to have a full refund if you don't want to pay the extra.

I think the issue would revolve around how you paid for it in full. GS only take deposits on games so essentially you left a 49.99 deposit. The store will have no way of knowing what the price on the day will be - which will be as high as they can get away with charging based on what the local competition is doing. If there is no local competition then they will jack the price up. This time next week it'll be going for 44.99.

cnocbui

Thanks for the replies.

I was quite definitely told the price in full was what I paid, no mention was made that the price might vary and there is no wording to suggest that to be the case on the sales/deposit docket.

The refund option is problematic because of the bonus extras you get via pre-ordering. By the time you find out they have increased the price, it is too late to get the pre-order bonus elsewhere, theoretically.

They took my phone number when I pre-paid paid, so If they knew the price was going to change, they should have contacted me to let me know so I could have availed of a refund and pre-odered from another vendor.

Finding out the web-site price is more than €5 less is just a teensy bit annoying.

I have sent them an email and left a message on their answering service. If they don't do the right thing they won't be getting any future custom from my family and I will purchase online from the UK in future.

cnocbui

Procrastastudy wrote: »

I think the issue would revolve around how you paid for it in full. GS only take deposits on games so essentially you left a 49.99 deposit. The store will have no way of knowing what the price on the day will be - which will be as high as they can get away with charging based on what the local competition is doing. If there is no local competition then they will jack the price up. This time next week it'll be going for 44.99.

But surely you only put a deposit on something if you know what the final price will be, otherwise it's pretty close to being bait-and switch.

I would never, and I doubt anyone else would either, put a deposit on a car if the final price had not been agreed on in advance.

Procrastastudy

cnocbui wrote: »

But surely you only put a deposit on something if you know what the final price will be, otherwise it's pretty close to being bait-and switch.

I would never, and I doubt anyone else would either, put a deposit on a car if the final price had not been agreed on in advance.

I'm just stating how it is in games retail. Bricks and mortor will always be more exensive than online. Your complaint would be with the specific store as I know for a fact that GS wouldn't know what they want to charge for a game until the day of release - sometimes after it!

chops018

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. GameStop reserves the right at any time after receipt of your order to accept or decline your order for any reason. GameStop reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verification or information before accepting any order.

From the Gamestope website's T&C's. Also:

In the event a product price is listed incorrectly due to typographical error or error in pricing information received from our vendors, GameStop shall have the right to refuse or cancel any orders placed for product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, GameStop will immediately credit your credit card account in the amount of the incorrect price.

So, they're pretty much covered then?

MagicSean

chops018 wrote: »

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. GameStop reserves the right at any time after receipt of your order to accept or decline your order for any reason. GameStop reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verification or information before accepting any order.

From the Gamestope website's T&C's. Also:

In the event a product price is listed incorrectly due to typographical error or error in pricing information received from our vendors, GameStop shall have the right to refuse or cancel any orders placed for product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, GameStop will immediately credit your credit card account in the amount of the incorrect price.

So, they're pretty much covered then?

i don't see anyting about changing the price. It obviously wasn't a typographical error if it's still being sold at the same price.

chops018

MagicSean wrote: »

i don't see anyting about changing the price. It obviously wasn't a typographical error if it's still being sold at the same price.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. GameStop reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Could that be they used by them?

Mr E

Just to compare like with like. I preordered with HMV a few weeks ago. No money down, just took my name.

Collected today, and was charged €44.99. The cashier told me it was on the shelf for €47.99, but I got it for the cheaper price because that's what it was when I ordered it.

Pacing Mule

chops018 wrote: »

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. GameStop reserves the right at any time after receipt of your order to accept or decline your order for any reason. GameStop reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verification or information before accepting any order.

From the Gamestope website's T&C's. Also:

In the event a product price is listed incorrectly due to typographical error or error in pricing information received from our vendors, GameStop shall have the right to refuse or cancel any orders placed for product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, GameStop will immediately credit your credit card account in the amount of the incorrect price.

So, they're pretty much covered then?

The websites T's and C's have nothing to do with an instore transaction.

cnocbui

chops018 wrote: »

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. GameStop reserves the right at any time after receipt of your order to accept or decline your order for any reason. GameStop reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verification or information before accepting any order.

From the Gamestope website's T&C's. Also:

In the event a product price is listed incorrectly due to typographical error or error in pricing information received from our vendors, GameStop shall have the right to refuse or cancel any orders placed for product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, GameStop will immediately credit your credit card account in the amount of the incorrect price.

So, they're pretty much covered then?

I didn't buy it online or via their website, now did I? By your reasoning they could have it chiseled in stone on the far side of the moon and customers would be expected to be aware of it and be bound by it. Ever seen/heard Hitch Hikers Guide to the Galaxy - the bit where it is explained the planning orders specifying the destruction of the Earth had long been posted many light years away?

I would have thought, as I did, that the conditions of sale were those explained to me by the sales person, who told me what the full price was and who accepted my payment on that basis.

chops018

cnocbui wrote: »

I didn't buy it online or via their website, now did I? By your reasoning they could have it chiseled in stone on the far side of the moon and customers would be expected to be aware of it and be bound by it. Ever seen/heard Hitch Hikers Guide to the Galaxy - the bit where it is explained the planning orders specifying the destruction of the Earth had long been posted many light years away?

I would have thought, as I did, that the conditions of sale were those explained to me by the sales person, who told me what the full price was and who accepted my payment on that basis.

Look I'm only trying to shed some light on an argument, I thought maybe they could enforce some T's & C's that you might not have known were included in a pre-order agreement, I realise now this is only for orders online.

Sure if it bothered you so much why didn't you refuse and demand your deposit back, if a party to a contract doesn't adhere to the so called agreed contract you had with him of which you didn't know the T's & C's to which you signed up - apart from what you expected to pay, then you can ask for your deposit back. If a sales person was to explain all the T's & C's of a product to each person he would be there all day.

Also the people in the store probably have no clue, I'm sure they are doing as they said and if they let you off the five euro then there till would have been down so they are only doing what is right. You should have asked to speak to a manager about this issue.

I found this on the British website:

Pre-order Price Promise
The price quoted for a pre-order product is the anticipated retail selling price at the time of release. Should the price change prior to the release date we will email to let you know. If the price is reduced you will be charged the new lower price. Should the price increase the price quoted at the time you placed your order will be honoured.

http://www.gamestation.co.uk/gs/info/StaticPageDisplay?langId=45&storeId=10651&categoryId=11605&brdcrmb_trail=Help%7CProducts-Services&catalogId=10202

littlemac1980

Contact the National Consumer Agency they should be able to advise you.

There are strict legal rules in legislation (Consumer Protection Act 2007) regarding misleading and unfair commercial practices.

There are also criminal offences in that legislation arising from those misleading practices and a shop manager/assistant etc could be guilty of those offences - so it wouldn't necessarily be a defence to say "We are merely following company policy"

I'm not certain that the Act directly applies in this situation (I don't have time to check) but if you speak with someone in the NCA they should be able to give you more info.

If you feel particularly peeved off and bold you could ring the shop and explain to the manager that you are making a complaint to the NCA.

cnocbui

chops018 wrote: »

Look I'm only trying to shed some light on an argument, I thought maybe they could enforce some T's & C's that you might not have known were included in a pre-order agreement, I realise now this is only for orders online.

Sure if it bothered you so much why didn't you refuse and demand your deposit back, if a party to a contract doesn't adhere to the so called agreed contract you had with him of which you didn't know the T's & C's to which you signed up - apart from what you expected to pay, then you can ask for your deposit back. If a sales person was to explain all the T's & C's of a product to each person he would be there all day.

Also the people in the store probably have no clue, I'm sure they are doing as they said and if they let you off the five euro then there till would have been down so they are only doing what is right. You should have asked to speak to a manager about this issue.

I found this on the British website:

Pre-order Price Promise
The price quoted for a pre-order product is the anticipated retail selling price at the time of release. Should the price change prior to the release date we will email to let you know. If the price is reduced you will be charged the new lower price. Should the price increase the price quoted at the time you placed your order will be honoured.

http://www.gamestation.co.uk/gs/info/StaticPageDisplay?langId=45&storeId=10651&categoryId=11605&brdcrmb_trail=Help%7CProducts-Services&catalogId=10202

Thanks, I realise you are trying to help. I didn't walk away for the reason I stated in my original post - the incentive for pre-ordering is that you get bonus content not available to normal retail versions. You walk away and you don't get that content. Had it not been for that, and had it been for myself, I would have demanded my money back and taken my business elsewhere.

Ultimately this won't be to to the benefit of the retailer. There are at least 3 games coming out fairly soon I will be purchasing. So that's three potential sales turned into three quite definite no-sales.

chops018

cnocbui wrote: »

Thanks, I realise you are trying to help. I didn't walk away for the reason I stated in my original post - the incentive for pre-ordering is that you get bonus content not available to normal retail versions. You walk away and you don't get that content. Had it not been for that, and had it been for myself, I would have demanded my money back and taken my business elsewhere.

Ultimately this won't be to to the benefit of the retailer. There are at least 3 games coming out fairly soon I will be purchasing. So that's three potential sales turned into three quite definite no-sales.

Fair enough, and exactly, shop around for the prices and take your business elsewhere. It says on the UK website that they honour the price stated in the pre-order if it goes up, and if it goes down they give you the lower price, so it is very odd that they were not prepared for such and used the excuse of 'the system won't let them'.

Local-womanizer

When I pre-order from my local GameStop I'm always told the price is subject to change on the day. Should it drop I'll be refunded the difference, if it goes up I'd have to pay the difference.

Surprised they didn't tell you this, thought it would have been straightforward enough!

Procrastastudy

Hmmm... does seem that this might fall foul of the Consumer Protection Act right enough.

43.— (1) A commercial practice is misleading if it includes the provision of false information in relation to any matter set out in subsection (3) and that information would be likely to cause the average consumer to make a transactional decision that the average consumer would not otherwise make.
(2) A commercial practice is misleading if it would be likely to cause the average consumer to be deceived or misled in relation to any matter set out in subsection (3) and to make a transactional decision that the average consumer would not otherwise make.
(3) The following matters are set out for the purposes of subsections (1) and (2):
(a) the existence or nature of a product;
(b) the main characteristics of a product, including, without limitation, any of the following:
(i) its geographical origin or commercial origin;
(ii) its availability, including, without limitation, its availability at a particular time or place or at a particular price;

MagicSean

Local-womanizer wrote: »

When I pre-order from my local GameStop I'm always told the price is subject to change on the day. Should it drop I'll be refunded the difference, if it goes up I'd have to pay the difference.

Surprised they didn't tell you this, thought it would have been straightforward enough!

Doesn't explain why the op is charged more than the shelf price.

Maybe it has something to do with the fact that some stores oversold pre-orders.

Gurgle

Pageant Messiah wrote: »

The price increase is more accurately a less of a discount off the RRP than previously planned.

Brilliant.
'Its not a price increase, it's a discount decrease.'
Have to remember that one.

N64

Go with amazon instead. You won't have to deal with gamestops ignorant staff and they have a price guarantee.

Pacing Mule

Gurgle wrote: »

Brilliant.
'Its not a price increase, it's a discount decrease.'
Have to remember that one.

Local-womanizer

MagicSean wrote: »

Doesn't explain why the op is charged more than the shelf price.

Maybe it has something to do with the fact that some stores oversold pre-orders.

But was it the shelf price? If you are told it is subject to change?

Also, is a deposit a contract of sale, or is the product under offer from tge customer. I mean if you don't pick the product up within a reasonable timeframe they will sell it on.

Not arguing with you, just curious if this is the case with deposits etc!

Reloc8

Its on a case by case basis subject to whatever is agreed between the parties, and always read the fine print etc. etc. There's no hard and fast rule.

Milk & Honey

Penn wrote: »

I think they can do this provided they allow you to have a full refund if you don't want to pay the extra.

They have to give you the cost of acquiring the item elsewhere if they don't supply it, even it is more expensive.

cnocbui

An update:

I complained to GameStop about all this via email and they reiterated it was their policy not to confirm the final price when pre-ordering. I reiterated that I had been given a final price and pointed out it was within one cent of their final on-line price so my paying that amount up front hardly counts as a 'deposit' and indicates the person who told me that was the price got the figure from somewhere official.

I then pointed out that I had a list to get which includes Halo 4, Crysis 3 and Assasin's Creed 3 and that my dissatisfaction with the affair was likely to make me look elsewhere for them.

They were then kind enough to send me a free game and book, so I am happy that my issue has been satisfactorily resolved.

MagicSean

What game?

cnocbui

Battlefield 3