FULL REFUND LEGALLY.(For those interested, not intended as a flame thread)

  • #1
    Let me start by saying, this is in no way a thread meant to flame or damage the reputation of Blizzard entertainment, it's simply that from my own personal experience of Diablo 3 I have become entirely unsatisfied and feel like I have wasted a fair chunk of money on a game which has given me nothing but stress and frustration.

    5 days ago I entered into legal communication with Blizzard entertainment, this thread is merely here to highlight to those of you who wish to obtain full refunds that it is entirely possible and within your own right to do so.

    I purchased Diablo 3 5 months ago, under the impression that the game would have PvP content, stable servers and replayability, in the time I have played Diablo 3 I have been provided with none of those features, I constantly have drops in connection, which I have tested with my line provider and various other online games to be entirely the fault of Blizzard Entertainment, the servers also have so much latency when joining the game is unplayable at the best of times. This has caused much frustration.

    We were also promised "Player versus player" content "shortly after release" which has not been provided and, as there is not yet a release date for such content, I expect it to be released 7-8 months after the release of Diablo 3, in my eyes this is not what was agreed upon as "short"

    I have also managed to complete Diablo 3, as of playing the game at friends houses and the occasional playability in my own home, I have two characters at level 60 and have yet to complete inferno.

    I would like to now inform you of the legal language used when one enters into "business" with a company. When purchasing the Diablo 3 collectors edition, or Diablo 3 standard edition, you entered into a contract with Blizzard entertainment, wherein you were promised certain aspects of a piece of software, agreed upon by a price.

    When I purchased Diablo 3, the original product description and what was in my BOXED copy of the game, described PVP content ON RELEASE not shortly after, this is labled in legal terms as "false advertising and marketing"

    When I purchase Diablo 3, I was given the impression that the game would be playable on "secure and stable servers" which has not been the case and has not fitted the description given or the "consumer satisfaction" part of the UK Sales of Good Act 1979, it also does not fit the "product description or durability" terms of the UK Sale of Goods Act 1979.

    Initially I was denied a full refund, untill I started to mention these simply factors and upon bringing about the threat of taking Blizzard Entertainment through a UK commercial small claims court for "Failure to keep promises met", "Failure to keep side of an agreed contract" and "Failure to provide services promised in a product description"

    I'm now having communication with Blizzards legal team, I will be getting a full refund of £69.99 for 1 (one) boxed edtion of the Diablo 3 collectors edition.

    This procedure is entirely within your own rights and like I said initially, this is from my own experience and one cannot claim a refund because they don't like the loot system or don't like the class system, this is for GENUINE reasons.

    I hope anyone who wants to claim a refund can now follow the proper procedure and use the right language to do so. In my eyes Blizzard has disappointed me hugely and has falsely marketed a product to a consumer.

    Good luck and keep playing, I hope those of you who can play Diablo 3 are still enjoying it and continue to enjoy it.

    Peace out, it's been a good run guys.
    LAWLAWLAWLAWLAWLAWLAWLAWL? - Never trust a man, whom when left in a room with a tea cosey, does not try it on.
  • #2
    If I would start nitpicking on all the promised content that I expected from previous games, I could try to claim money from dozens of games in the past few years. Heck, I could sue EA for every other game they published.

    If they really refund you that's extremely generous, because to be honest, when you've played 2 characters to level 60 you probably had more enjoyment in this game and played it for a longer time span than any single-player first person shooter game out there (which usually has 5-10 hours of content for 50-70 bucks).
  • #3
    You aint getting a dime refunded. The fact you can't read a ToS but still accept it, is all your fault. As for PVP it has never been promised PVP would come at Release! its been said it would come.. Which it will, when its ready. But have fun paying for everything regarding to the case and the people waisting time on it... Your going to lose and the bill hangs on you :)

    For 60 buck game... Idiocracy has no ends.
    Currently played toon:
    http://eu.battle.net/d3/en/profile/Rage-2973/hero/28310

    Profit:
    Flipping/Sniping: 6577€
  • #4
    Well since you've both obviously missed the point and have to understand that I have sat and gone through the terms and conditions, which the customer support team and blizzard reps failed to be able to give me any line from which that breaches my "statutory right to refunds" and my own countrys "Sale of Goods Act" which applies to both Blizzard and myself. And you obviously have no idea about the language used in the context of what was sold to you. Blizzards Terms and Conditions do NOT apply to my statutory rights or product description, neither does their policy. Blizzards Terms and Conditions do NOT apply to an incorrect product description or what is advertised on the box or on the product description sold at purchase.

    This is entirely legitimate information and from what I know many people have already claimed refunds this way, read your own rights and read your own statutes and legislure.

    Comment back when you've got a clue please :)
    LAWLAWLAWLAWLAWLAWLAWLAWL? - Never trust a man, whom when left in a room with a tea cosey, does not try it on.
  • #5
    Since English is not my native tongue, I won't even attempt to understand all that legal stuff. Frankly, I don't care if it's your right or not to get the money back. All I'm saying is: you played a game for five months, you leveled two characters to 60, according to your own post you played more than 300 hours. Yet, you want your money back?

    That's like buying a Ferrari, breaking two speed records with it, driving it for three years and ~200k miles, and then returning it because of some ridiculous reason (The color does not match the color that was mentioned in the contract, for example). Yes, you might be able to find an issue with the contract to get the refund. But seriously - I would feel ashamed of myself.
  • #6
    stable servers..... sorry to tell you but its your computer. why DO i BARELY get any DCs, and you a lot? OR you have trojans/malwares/etc. in your comps or its just really slow. (Also even if it is Blizzard servers, not even the biggest of online companies are safe from bugs, get over yourself, coding is a lot harder than it seems.)

    Replayability........ Diablo 2 was also about mad farming/grinding for gears (like D3) except there was PvP at lauch (at least i think). So unless you only talk about replayability and not PvP, diablo is still diablo.

    You are right on PvP tho.


    Also noticeable highlight


    Quote from Bagstone

    you played more than 300 hours. Yet, you want your money back?


    yes playing for 1 week then asking for a refund, but like months after... HAH. If i was Blizzard i wouldnt refund you
  • #7
    Quote from Lioncash

    I have also managed to complete Diablo 3, as of playing the game at friends houses and the occasional playability in my own home, I have two characters at level 60 and have yet to complete inferno.


    I don't even
  • #8
    Come on man, you played over 300 hours and you're going to try for a refund? That's just.. incredibly sad.

    If there wasn't any replayability how the hell did you manage over 300 hours? Most retail $60 games are anywhere from 8 - 20 hours of gameplay (unless you include RPGs, which can be 100+).

    You played for 300. And you say there's no replayability.
  • #9
    Quote from Kingsfall

    Come on man, you played over 300 hours and you're going to try for a refund? That's just.. incredibly sad.


    Exactly, its like buying a XBOX game and after completing it 2 times, you go back to the store and ask for a refund.
  • #10
    I'm trying to refund my CD keys also , because want to sell it ( CE edition ) or get full refund . Please can you write here when you will get full refund ? I have played it for 50 hours max . This game is horrible ( lags , disconnects , system of game , PVP ( maybe in new game :D ) . This game is such as maschine for creating extra money from AH ( with bucks ) . This game was developed over 6 years ?
  • #11
    Quote from mathewpn

    I'm trying to refund my CD keys also , because want to sell it ( CE edition ) or get full refund . Please can you write here when you will get full refund ? I have played it for 50 hours max . This game is horrible ( lags , disconnects , system of game , PVP ( maybe in new game :D ) . This game is such as maschine for creating extra money from AH ( with bucks ) . This game was developed over 6 years ?


    Servers arent THAT laggy, get a better computer.
  • #12
    Unfortunately, the OP might very well be within his full rights to demand a refund simply based on what services Blizzard promised to deliver within a reasonable timeframe, in this particular case it is the PvP content which was asured to be: If not part of release, be released shortly after.

    That aside tho, it is nothing short of despicable to feel entitled to a refund after sinking 500h(thats almost 3 weeks worth of playtime!) into the game, should you be refunded then hey, good for you personally I sincerely hope they do not provide you with a refund tho.
  • #13
    i5 2500k and gtx 560ti is good mainstream :-) I'm playing Crysis 3 Alpha a not have issue with that game . My brother on macbook pro has issues just with D3 :) WoW without problem :-)
  • #14
    Quote from Luedine

    Unfortunately, the OP might very well be within his full rights to demand a refund simply based on what services Blizzard promised to deliver within a reasonable timeframe, in this particular case it is the PvP content which was asured to be: If not part of release, be released shortly after.

    That aside tho, it is nothing short of despicable to feel entitled to a refund after sinking 500h(thats almost 3 weeks worth of playtime!) into the game, should you be refunded then hey, good for you personally I sincerely hope they do not provide you with a refund tho.


    When did blizzard say it would be on release? BEFORE the game released. When did they say itll be postponed ? BEFORE game release. I dont see a problem. They also said PvP will release when its READY. not when YOU want it.


    Quote from mathewpn

    i5 2500k and gtx 560ti is good mainstream :-) I'm playing Crysis 3 Alpha a not have issue with that game . My brother on macbook pro has issues just with D3 :) WoW without problem :-)


    I have a feeling Diablo 3 coding is a lot more complex than (a shooter game?) Crysis 3. WoW has been released for at least 6-7 years now if not more (which is why it has barely any bugs now)
  • #15
    Quote from Bagstone
    you leveled two characters to 60, according to your own post you played more than 300 hours. Yet, you want your money back?


    Quote from mic129
    Exactly, its like buying a XBOX game and after completing it 2 times, you go back to the store and ask for a refund.



    Read what he wrote again :

    Initially I was denied a full refund, untill I started to mention these simply factors and upon bringing about the threat of taking Blizzard Entertainment through a UK commercial small claims court for "Failure to keep promises met", "Failure to keep side of an agreed contract" and "Failure to provide services promised in a product description"


    Once you open the Box and use the Serialnumber...you cannot return the Game (well in most cases).
    However, i really hope there are more Legal Cases coming up so perhaps something get changed in the Future.
  • #16
    Quote from Xenocow

    Quote from Bagstone
    you leveled two characters to 60, according to your own post you played more than 300 hours. Yet, you want your money back?


    Quote from mic129
    Exactly, its like buying a XBOX game and after completing it 2 times, you go back to the store and ask for a refund.



    Read what he wrote again :

    Initially I was denied a full refund, untill I started to mention these simply factors and upon bringing about the threat of taking Blizzard Entertainment through a UK commercial small claims court for "Failure to keep promises met", "Failure to keep side of an agreed contract" and "Failure to provide services promised in a product description"


    Once you open the Box and use the Serialnumber...you cannot return the Game (well in most cases).
    However, i really hope there are more Legal Cases coming up so perhaps something get changed in the Future.


    hmm im aware, i actually frown upon asking a refund if you played the game 300+ hours. You misunderstood.
  • #17
    Quote from mic129
    hmm im aware, i actually frown upon asking a refund if you played the game 300+ hours. You misunderstood.


    He asked for a refund BEFORE he played 300 hours... he got refused.
    Taking the long road to the Court takes time, so he might as well play.
  • #18
    Quote from Xenocow

    Quote from mic129
    hmm im aware, i actually frown upon asking a refund if you played the game 300+ hours. You misunderstood.


    He asked for a refund BEFORE he played 300 hours... he got refused.
    Taking the long road to the Court takes time, so he might as well play.


    So you continue using a product you want a refund for, SMART.
  • #19
    Quote from Huminator

    You aint getting a dime refunded. The fact you can't read a ToS but still accept it, is all your fault. As for PVP it has never been promised PVP would come at Release! its been said it would come.. Which it will, when its ready. But have fun paying for everything regarding to the case and the people waisting time on it... Your going to lose and the bill hangs on you :)

    For 60 buck game... Idiocracy has no ends.
    \

    hes getting it man, and just because hes in the uk and not in the us.
  • #20
    Quote from Nephelem

    Quote from Huminator

    You aint getting a dime refunded. The fact you can't read a ToS but still accept it, is all your fault. As for PVP it has never been promised PVP would come at Release! its been said it would come.. Which it will, when its ready. But have fun paying for everything regarding to the case and the people waisting time on it... Your going to lose and the bill hangs on you :)

    For 60 buck game... Idiocracy has no ends.
    \

    hes getting it man, and just because hes in the uk and not in the us.


    Probably not, dudes keeps using a product when hes not satisfied of it.

    (Buy a bike, use it for 2 days. Then after 2 days you think ''WTF is this shittey bike, its too slow, too big and its not a mountain bike!'' then you go to the shop ask for a refund. They tell you no. So you keep using said ''shittey bike'' because meh i can use it until i actually sue them (idk lets say 1 month later). So why do you keep usinmg it if its that shittey? I mean if it was a car... okay maybe because you need something to move you to your job)
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