jlauro said:
Some states are really liberal in what you can return an item for. Simply incompatibility with your ISP can be considered grounds in some states. Failure to provide warning of requirements that may make it incompatible, etc... Many states have laws that trump much of the idiotic license terms on software even if they claim it can't be. That said, they (state laws) typically cap the damage to the purchase price.
That said, I would recommend changing ISP over returning the game in most cases...
|
Perhaps you're right: I don't claim to be an expert in the laws of all 50 states. But I do know that California law, at least, would not support this idea, and neither would the Uniform Commercial Code. Dealers are not required to provide disclosures of possible incompatibility, or to warrant the compatibility of the item with the consumer's intended purpose unless:
1) The merchant is informed by the buyer of the intended purpose, and
2) the buyer relies on the merchant's representation regarding the item.
I can't imagine too many cases where either prong is satisfied: the merchant has no way of knowing if the buyer intends to take the product online (and in light of the recent Demi-God figures, it appears that many PC gamers DON'T game online!) and, even if it did, consumers rarely rely on the merchant telling them if the game will violate the consumer's ISP Terms of Service.
I'll keep searching to see if there's any law that would apply here, but I'm drawing a blank. The better bet is to try to return the item to the merchant and hope they refund it if you explain the problem, but there's no guarantee that they'll say yes and, unless the merchant's terms of use require them to take it back for anything beyond a defective product, I don't think they're obliged to do so.
jlauro said: PS: First step, ask for it in writing from your ISP if you are allowed to play this on line or not. If you get it in writing from your ISP, I bet your store will accept the return even if the package has been open. |
I don't think that changes the analysis. Unless the store feels that customer relations matter, the fact that you the consumer made a unilateral mistake of fact (which does NOT completely negate the value of the product!) probably won't sway them.