Refund? Here's how.
Right, finally got a letter back from the Advertising Standard Authority stating that they couldn't help with holding 2K to account because they see the problem with the game itself rather than the advertising. A greay answer if ever I saw one, but fair enough. They advised me to contact Consumer Direct for help, which of course I have already done....
Consumer Direct's response was as follows:
Dear Mr Clouston
Thank you for your enquiry to Consumer Direct dated 11/07/2011
Your reference number for this case is xxxxxxxx and should be quoted in all further correspondence regarding this case.
Based on the information you have provided the key legal points in response to your enquiry are as follows:
The purchase of the PC game is covered under the Sale of Goods Act 1979 (as amended)
You should be able to expect that the PC game purchased will be of a satisfactory quality - free from defects, durable and as described.
If the PC game purchased is not of a satisfactory quality or as described you may be able to pursue the retailer who sold this for a replacement game which is as described or a refund/partial refund of your money.
You may be within your rights to request either of the above, if, however, you wish to pursue for a refund the trader may offer a partial refund in relation to this due to the length of time you have had the goods and the use you have had out of them.
If a defect appears within the first 6 months of purchase the law assumes it was faulty at supply and the burden to prove otherwise would be the retailer.
However, once goods are more than 6 months old, the onus is with the consumer to prove an inherent fault was present at supply
The above consumer legislation states your rights against the retailer who sold the PC game and not the manufacturer. Any rights you have against the manufacturer would be dependent on what is stated in the terms and conditions of any warranty/guarantee which was provided at the time of purchase.
I would advise speaking to the company in the first instance to see what they are willing to do and if the issue is not resolved make a more formal complaint via a recorded delivery letter (keeping a copy for your records and giving a reasonable deadline for response).
There is a template letter available on the website if required
If the response from them is not satisfactory, please feel free to get back in touch with an update and further advice can be offered.
In addition to the above the following may also be applicable: -
When a trader advertising their products/services for sale, this should not be misleading - the information may be classed as misleading if the goods are not as described. The company may be in breach of the Consumer Protection regulations if they are advertising goods/services for sale with misleading information.
On this basis I would like to refer the details to trading standards for their consideration/appropriate action. (Your contact details will be made available to Trading Standards who may contact you if they require any further information).
Generally, when an offer is accepted this is the point at which the contract is made. So it is important to know when acceptance of your offer to buy the goods has taken place, you will only have a claim against the seller if you can show that you had a contract with the seller.
You will need to check the content of any e-mail that you received after placing the order to see if it suggests that you had a contract with the seller. You will also need to check the terms and conditions on the website as they often state the point at which a contract is formed.
If payment has been taken from your credit card this is not in itself evidence that a contract is in place, however you could use this fact to strengthen your argument that a contract had been formed, along with any other evidence that you have
I would advise you to write to the trader via recorded delivery letter, requesting that they either honour the order or pay you Damages for loss of bargain (if it would cost more to buy the item elsewhere). Keep a copy of the letter for your own records and give the trader a reasonable timescale to respond to your letter. Check the letter has been signed for and please let us know if they do not respond, or if the response is unsatisfactory.
In addition to your rights your card issuer may offer additional protection by way of a chargeback scheme. This is dependant on the terms of your agreement with them. You may therefore wish to contact them for further information
Please can you provide the following information to complete your case details?
If you require any further advice or information about this case, please do not hesitate to contact Consumer Direct on 08454 04 05 06 quoting the case reference number.
Thank you for your enquiry.
So a very positive response from CD and one which I will be following up and I recommend all those whom feel dissapointed how 2K have failed us as consumers to follow up also.
In summary: if you want a refund, you can have one. There is no doubt that 2K are in breach of the Consumer Protection regulations and that the defect has been there since released. I also believe we have grounds to argue a FULL refund given that the reason why we have held on is with the promise of a MP patch that is yet to be forthcoming..
Power to the people and I hope you are taking note 2K as we will NOT TOLERATE your appauling treatment of us.
It is worth pointing out that I have exhausted the correct avenues for complaining to both Steam and 2k. Steam simply points to 2K as the responsible party to deal with issues with the game. I have raised a 2K support ticket (detailed in another thread here) to no avail with the most useless response I have ever seen.
You may have to go down that route yourself so you can prove to Consumer Direct you have exhausted these avenues too. Shame we can't put in a class action type thing and get a mass refund for the entire multiplayer Civ5 community.
Why you are complaining about 2K Games? The game has been developed by Firaxis Games.
Because they are the publisher and ultimately responsible so i believe
That's irrelevant 2K sold us the game and 2K decided to release an unfinished product claiming that it's awesome/working and the rest..so if there's anybody to blame for the state of MP is the publisher.
Originally Posted by Jarzka
Your threads always make me think that this must have been done earlier. Perhaps then we'd already have an MP patch or our money back by this time
I've lost all interest in the game and own't be buying anything to do with Civ5 or 2K again if I can help it.
Well done mate, seems you have done your homework, these companies have been getting away with this for too long, and it's getting worse.
The only issue I see in your O/P is that it has been longer than 6 months, additionally, the last patch claims to have fixed several multiplayer issues, I've yet to test it out myself as I cannot get any of my friends to even give Civ 5 Multiplayer a go anymore, they have all moved on to "working games"
I feel with you!
I heard from a friend today about the "new"(havent played the game for 2 months) patch and that is should have some MP fixes in it.
I sat in the car on my way home thinking "pls pls pls let there be the option to add more civs to a MP just as you can add up to 22 civs in a SP game".
I start the game but no there is no such option yet! Im so f tired of this ☺☺☺☺ game now.
I havent been able to play a descent and fun MP game with my friends since the game was released.
Hello Take2 and Firaxis the SP part is good now! Focus on the MP part and fix it once and for all.
In september it have been ONE YEAR since the game was released and still MP sucks. I havent checked but read on the forum that just in the latest patch the option to manually save MP games was added... come on does it have to go almost 1 year to add such an obvious feature?
Originally Posted by stimpen
You know it's just a small tweak to an .INI file that sets the default player number per map size, right?
I play the tiny map with 10 civs. I call it, "The 3 city challenge"
Which ini file is this and what should i change in it? Does it work in multiplaying also?
Originally Posted by tomofnnh
Originally Posted by isttoptan
Thank you, nice stalking..
but multiplayer works fine lol
it certainly works fine for me and everyone i play with
Originally Posted by Hellogoodbye123
this was months ago, probably was bad then..
Originally Posted by Shiav
i played a ten hour game today haha.. 6 ppl.. after 5 hours, 2 ppl left.. about 7-8 hours another 2 ppl left.. and around 9 hours the last guy left saying he won domination without taking any capital lol... his ai won space race though.. just as i was going to complete my 5 policy branches