Refund Request - Advertised as "buy it to own forever."

Discus and support Refund Request - Advertised as "buy it to own forever." in XBoX Games and Apps to solve the problem; I would like a refund on the content that I purchased. When I made the purchase the advertising clearly states "You can use this app now or buy it to... Discussion in 'XBoX Games and Apps' started by TarmacTrauma, Jun 29, 2016.

  1. TarmacTrauma
    TarmacTrauma Guest

    Refund Request - Advertised as "buy it to own forever."


    I would like a refund on the content that I purchased. When I made the purchase the advertising clearly states "You can use this app now or buy it to own forever." Here is a
    link to a screencap of one of my purchases which clearly states permanente ownership upon purchase, at the point of purchase. Since MS is sunsetting the service and the purchased
    content must be streamed I will no longer have access to content, that according to the advertising, I "own forever." It is my stance that this is a clear violation of the purchase agreement and I am requesting a full refund in lieu of this.

    :)
     
    TarmacTrauma, Jun 29, 2016
    #1
  2. Dirty Loco
    Dirty Loco Guest
    Xbox Store Rip Off in Australia

    [quote user="scottmuecke"]another reason NOT to buy from the xbox store. the NO REFUNDS policy[/quote]

    Despite what it may tell you on the purchase page, that is not entirely the case. Microsoft have to comply with the Australian Consumer Law. They do offer refunds under certain circumstance (defective, product isn't what it
    is advertised as, etc). You won't get a refund if you simply don't like it.
     
    Dirty Loco, Jun 29, 2016
    #2
  3. Burst Axe
    Burst Axe Guest
    Family Sharing was "as advertised"

    @William Yes because GameStop makes billions off each copy of a game being sold and resold used 3-4 times...
     
    Burst Axe, Jun 29, 2016
    #3
  4. Refund Request - Advertised as "buy it to own forever."

    Why isn't Microsoft responding to anything? Do they think we are just going to take this without fighting back?
     
    RAWR i is LION, Jun 29, 2016
    #4
  5. TarmacTrauma
    TarmacTrauma Guest
    @RAWR i is LION (love the GT, BTW) I think MS is simply not responding because they have no plans on doing anything other than ignoring the situation and hoping it goes away for the most part. Maybe just dealing with those who will go far enough to file
    complaints with their state's consumer protection agency (usually a State's Attorney's Office) or the BBB. The reason I say that is because this is where I was sent after calling customer support to address the matter. It doesn't look good when a company who
    is trying to move to an all-digital market does something like this and then becomes quiet about the consumer's investment and directs them to a small corner of their forums where official staff hardly tread. Personally, my faith in MS to maintain their end
    of the purchase agreement with any digital content has been destroyed. I now refuse to buy anything digital from MS (Xbox or Win10) or to maintain a gold subscription (I am not big on multiplayer and used it primarily for DwG and GwG). Compensating the paying
    customers who were told that by purchasing the content they would "own it forever" or making the content that was purchased independent of the Xbox Fitness App should have been handled long before the sunset announcement was even pinned.
     
    TarmacTrauma, Jun 30, 2016
    #5
  6. NickHawkeye
    NickHawkeye Guest
    Yes I am pursuing the same path, I purchased a digital version of P90X though fitness for this reason and I chose it over the physical DVD's. very very disappointing
     
    NickHawkeye, Jun 30, 2016
    #6
  7. moonpoco
    moonpoco Guest
    I agree the screen shot is bad for MSFT. The product was sold with the claim you could use it "forever". Obviously that is not a legal term but at the minimum that would mean for the life of the hardware platform. Refunds or credit need to be issued unless
    we are able to download the videos. Thank you.
     
    moonpoco, Jul 1, 2016
    #7
  8. RobinzEgg
    RobinzEgg Guest

    Refund Request - Advertised as "buy it to own forever."

    Very interested to see what happens with this. I only purchased one title at $9.99 but am now going to revert to purchasing discs at GameStop instead of downloading titles from Xbox Store.
     
    RobinzEgg, Jul 2, 2016
    #8
  9. TarmacTrauma
    TarmacTrauma Guest
    @moonpoco

    Actually, in the US, "forever" has a legal meaning when it is used in advertising. When the word "Forever" is used in a contract or sales agreement (ie the advertising at the point of digital purchase) at the point of purchase) means "perpetual and unending."
    So it is not just a t the end of the hardware lifecycle that a purchaser would retain ownership, it would be unending, and they would/should have the ability top access it as long as the purchaser can maintain the current medium (the hardware).

    The big word in the advertising at the point of purchase is "own" though. "Own" definitely has a legal meaning. When you "own" something you "have legal title or right to something. Mere possession is not ownership." The very fact that MS streams the content
    through the Xbox Fitness app makes the statements made at the point of purchase fraudulent, especially if you weren't savvy to MS' app streaming (many thought that when they purchased the content the download was the actual program instead of an unlock to
    stream, which the advertising implies).

    So basically, a customer was told that if they purchased the content, they would receive perpetual, legal right to the content. MS' plans of "sunsetting" the app and handling the content in such a manner clearly violates what they advertised (or contracted)
    at the point of purchase.
     
    TarmacTrauma, Jul 2, 2016
    #9
  10. TarmacTrauma
    TarmacTrauma Guest
    I was sent to this forum by Xbox Customer Support as a means to request a refund. WHile I would I hate to think that a Customer Support representative would send me to a forum with a matter such as this to a forum that goes unanswered or unwatched by official
    staff, this is the medium that the only supplied contact to resolve these matters has given me. So, I am left to understand that this is a change in venue for the mediation mentioned in MS's document of terms. In that regard I should expect an official response
    related directly to the advertising provided and MS' change of policy concerning that content. Otherwise, I would be left to assume that no response over the selected medium of MS is a waiver of the binding meditation.
     
    TarmacTrauma, Jul 2, 2016
    #10
  11. So I can own forever just can't use forever?
     
    HANGINGCHEESE, Jul 3, 2016
    #11
  12. TarmacTrauma
    TarmacTrauma Guest
    I wanted to post an update since I have been very vocal about MS and their digital policies and advertised ownership. Today I did get a refund for all of the content I purchased. I was told by the supervisor that it had just come "down the line" that they
    were issuing refunds when requested. The gentleman even blessed by MS account with a respectable amount of extra currency for the headache to get a bit more enjoyment from the upcoming game sale.

    While i am very pleased with the outcome, and the level of respect and understanding I recently recieved from the supervisor while handling the issue for me (many thanks to him for that level of service and work he performed), I certainly hope that MS takes
    this as a lesson and moves forward learning from the mistake they made in how they handled the "sunset" of an app and purchased content.
     
    TarmacTrauma, Jul 3, 2016
    #12
  13. Collier1313
    Collier1313 Guest

    Refund Request - Advertised as "buy it to own forever."

    That's awesome that they refunded you. Are you still able to access your purchased workouts, or did they remove your access to them once they gave you the refund?
     
    Collier1313, Jul 3, 2016
    #13
  14. TarmacTrauma
    TarmacTrauma Guest
    @Collier1313

    I has assumed that I would have lost access to the routines, but I checked for you and it appears they are still accessible through the app. However, they may very well be a part of the free to try programs right now, and that is why they are currently
    working.
     
    TarmacTrauma, Jul 3, 2016
    #14
  15. Mister Cerb
    Mister Cerb Guest
    Heyo all! It looks like some more information has been released on how those affected by this change will be credited. To learn more, head over to

    THIS ARTICLE
    and give it a read! =)
     
    Mister Cerb, Nov 2, 2018
    #15
  16. HANGINGCHEESE Win User

    Refund Request - Advertised as "buy it to own forever."

    So I can own forever just can't use forever?
  17. TarmacTrauma Win User

    Refund Request - Advertised as "buy it to own forever."

    @RAWR i is LION (love the GT, BTW) I think MS is simply not responding because they have no plans on doing anything other than ignoring the situation and hoping it goes away for the most part. Maybe just dealing with those who will go far enough to file
    complaints with their state's consumer protection agency (usually a State's Attorney's Office) or the BBB. The reason I say that is because this is where I was sent after calling customer support to address the matter. It doesn't look good when a company who
    is trying to move to an all-digital market does something like this and then becomes quiet about the consumer's investment and directs them to a small corner of their forums where official staff hardly tread. Personally, my faith in MS to maintain their end
    of the purchase agreement with any digital content has been destroyed. I now refuse to buy anything digital from MS (Xbox or Win10) or to maintain a gold subscription (I am not big on multiplayer and used it primarily for DwG and GwG). Compensating the paying
    customers who were told that by purchasing the content they would "own it forever" or making the content that was purchased independent of the Xbox Fitness App should have been handled long before the sunset announcement was even pinned.
  18. Collier1313 Win User

    Refund Request - Advertised as "buy it to own forever."

    That's awesome that they refunded you. Are you still able to access your purchased workouts, or did they remove your access to them once they gave you the refund?
  19. moonpoco Win User

    Refund Request - Advertised as "buy it to own forever."

    I agree the screen shot is bad for MSFT. The product was sold with the claim you could use it "forever". Obviously that is not a legal term but at the minimum that would mean for the life of the hardware platform. Refunds or credit need to be issued unless
    we are able to download the videos. Thank you.
  20. RAWR i is LION Win User

    Refund Request - Advertised as "buy it to own forever."

    Why isn't Microsoft responding to anything? Do they think we are just going to take this without fighting back?
Thema:

Refund Request - Advertised as "buy it to own forever."

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