Winston-salem, NC asked in Consumer Law, Business Law, Entertainment / Sports and Gaming for California

Q: What's a precedent r/t purchasing in-game items, when $ spent and devs remove items and replace w inferior items?

I purchased an in-game package. After purchasing, developers removed all items purchased and replaced with inferior items, saying original pack was erroneously released. I would not have spent money at all on the inferior items they replaced my purchase with. They have a strict "All sales are final" policy, but apparently that only applies to my money spent, not their items supplied. They refuse to give a refund or credit for an in-game purchase of my choosing. They want me to accept the inferior items replaced as "fair compensation". However, I would not have purchased the package as now received. What precedent can I use to refute their claims? I am already placing a complaint with the BBB.

1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Consumer Law Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Sorry your product did not meet your expectations. This is a consumer/contract law question and the supplier failed to provide the product you contracted for. It sounds like you bought this online, so you must have paid with a CC. You should contact your CC company and create a dispute over the charges, so you don't have to pay for the product and they will charge back the provider. This will get their attention and may make them more responsive to your complaint. If you cannot get resolution there, you need to resort to Small Claims and file a complaint. The gravamen of the complaint is that you did not receive what you contracted for and they refused to provide the goods you ordered. Their "cure" by providing you a different product does not excuse them. The law does not recognize an "all sales final" policy in this situation. If they had provided you what you ordered and you subsequently did not like it, then you would be stuck.

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