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thegreenbaron

How is this Legal?

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I remind everyone that for NA, under the EULA and ToS, the governing law is that of California.

 

So, yesterday, a coupon turned up in My Coupons on the Premium Shop site.  I don't use Coupons usually, but this was, based on the text, 30% off any purchase in 'Our Premium Shop' that was not discounted.  There is no mention anywhere on this thing of any specific game.

 

So I bought Haida figuring that it would be applied.  It was not.  I opened a ticket.

 

I was informed that the Coupon was only for 'World of Tanks Project' and the ticket was closed.

The Coupon does not say this.  The Coupon says "You've earned a special offer! Get 30% off your next purchase in our Premium Shop!"

I reopened the ticket and said 'Where does it say that?'

" Please note: WOWS coupon has marine color and WOT coupon is orange. 
I'm afraid we cannot help you redeem this coupon with WOWS item purchase. "

No where in the Premium Shop does it tell you that WoT coupons are Orange and the others some other color.  How would I know that before buying?

If WG thinks this is legal under the terms of the EULA and ToS, they may wish to google 'Coupon False Advertising'.

 

 

I'm personally hoping that this is just some sort of translation goof or something as I would hope that WG wasn't out there trying to get slapped by the FTC to bilk me for $10.

 

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34 minutes ago, thegreenbaron said:

I remind everyone that for NA, under the EULA and ToS, the governing law is that of California.

 

So, yesterday, a coupon turned up in My Coupons on the Premium Shop site.  I don't use Coupons usually, but this was, based on the text, 30% off any purchase in 'Our Premium Shop' that was not discounted.  There is no mention anywhere on this thing of any specific game.

 

So I bought Haida figuring that it would be applied.  It was not.  I opened a ticket.

 

I was informed that the Coupon was only for 'World of Tanks Project' and the ticket was closed.

The Coupon does not say this.  The Coupon says "You've earned a special offer! Get 30% off your next purchase in our Premium Shop!"

I reopened the ticket and said 'Where does it say that?'

" Please note: WOWS coupon has marine color and WOT coupon is orange. 
I'm afraid we cannot help you redeem this coupon with WOWS item purchase. "

No where in the Premium Shop does it tell you that WoT coupons are Orange and the others some other color.  How would I know that before buying?

If WG thinks this is legal under the terms of the EULA and ToS, they may wish to google 'Coupon False Advertising'.

 

 

I'm personally hoping that this is just some sort of translation goof or something as I would hope that WG wasn't out there trying to get slapped by the FTC to bilk me for $10.

 

Yea they should reimburse, otherwise they just bought themselves some negative PR.. its kinda a no brainer with something like this

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42 minutes ago, thegreenbaron said:

I remind everyone that for NA, under the EULA and ToS, the governing law is that of California.

 

So, yesterday, a coupon turned up in My Coupons on the Premium Shop site.  I don't use Coupons usually, but this was, based on the text, 30% off any purchase in 'Our Premium Shop' that was not discounted.  There is no mention anywhere on this thing of any specific game.

 

So I bought Haida figuring that it would be applied.  It was not.  I opened a ticket.

 

I was informed that the Coupon was only for 'World of Tanks Project' and the ticket was closed.

The Coupon does not say this.  The Coupon says "You've earned a special offer! Get 30% off your next purchase in our Premium Shop!"

I reopened the ticket and said 'Where does it say that?'

" Please note: WOWS coupon has marine color and WOT coupon is orange. 
I'm afraid we cannot help you redeem this coupon with WOWS item purchase. "

No where in the Premium Shop does it tell you that WoT coupons are Orange and the others some other color.  How would I know that before buying?

If WG thinks this is legal under the terms of the EULA and ToS, they may wish to google 'Coupon False Advertising'.

 

 

I'm personally hoping that this is just some sort of translation goof or something as I would hope that WG wasn't out there trying to get slapped by the FTC to bilk me for $10.

 

It is merely sloppy sales writing and execution. illegal ?  Heck Yeah...But  it seems to be quite frequent.  as WOW tries to push sales as far as they can.  The best thing is to be ALWAYS suspicious and wary about so called 'Deals'  and not do impulse buying...I have done a few but not expensive...so your not alone. 

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So, you didn't check that the coupon applied before you bought the ship? I got a 30% coupon too a while ago (for WOWS), and made certain it applied before I pulled the trigger there. Kind of your own fault there.

That said, if you were on the WOWS premium store, and the coupon text didn't specify, then yeah, I'd be kind of mad too. Illegal? Don't think so, it is for 30% off at their store. Definitely bad marketing, but you'd have a hard time making that case stick, even in CA. My guess is it's a mistake, and support is just being their usual PIA. IMO they should at least give you the 30% difference in doubloons, as WG very rarely refunds actual money. So a mistake? Yes. Illegal? Probably not.

Also, not sure that WOWS NA is under CA law. Their headquarters is in TX now. If there was legal action, I think it would be in the state you live in or the state their HQ is in. But their money processing center is out of Cyprus, and who knows where the guys responsible for generating that coupon are. It would be a mess for sure.

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12 minutes ago, AJTP89 said:

So, you didn't check that the coupon applied before you bought the ship? I got a 30% coupon too a while ago (for WOWS), and made certain it applied before I pulled the trigger there. Kind of your own fault there.

You beat me to this point. Not sure why anyone would click purchase without confirming it applied properly.

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I don't see how anyone should be blaming the OP here..when you purchase anything anywhere else the screen tallies your purchase and before you purchase there is a COUPONS Applied applicable box for the purchaser to see if any apply. If it does not apply it tell you so and your purchase remains unchanged. If it did apply a new amount is updated to show the new cost.  I mean this is pretty elementary don'y ya think?   I think some of this stuff for sales purchase is not well thought out and is prone to not understanding how it applies or even if it applies!  As a practical matter a $10 item is not worth a lawsuit but more or less a lesson to be learned in the future of how it works here.  

Lots of interesting info in regards to how COUPONS are regulated in the USA in regards to purchases and the stores responsibility.

 

https://aaronhall.com/legal-requirements-for-coupon-language-and-disclaimers/

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There is an "i" in the power right-hand corner of a coupon.  If you hover over that, you will see information about what the coupon applies to.

If you have NOT driven the Haida, you can submit a request for a refund and it will be refunded.   have received refunds for accidental purchases a couple of times in the last year.

https://na.wargaming.net/support/en/products/wows/article/19055/

https://na.wargaming.net/support/en/products/wows/help/

Edited by ExploratorOne
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So the coupon pops up in WOT barracks .

You go to WOWS, expecting a coupon from a different game to apply?

....

It's like Cod Black Ops IV. And expecting a discount pop up from that game to Apply to COD WWII.

Same Franchise, Call of Duty, but different developers...

Just like WOT & WOWS....

 

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10 minutes ago, dEsTurbed1 said:

So the coupon pops up in WOT barracks .

You go to WOWS, expecting a coupon from a different game to apply?

....

It's like Cod Black Ops IV. And expecting a discount pop up from that game to Apply to COD WWII.

Same Franchise, Call of Duty, but different developers...

Just like WOT & WOWS....

1. He got the offer in the Premium Shop itself, not WoT

2. It never specified it was a WoT coupon except the color.

3. WoT and WoWS are developed by the same company. Different departments, yes but the same company.

 

In my opinion, the OP didn't practice "buyer beware" and I kinda do fault them for that. However, a simple color marking on the coupon isn't enough. Maybe the WoT/WoWS/WoWP logo on the coupon to specify? However, I don't think anything WG has done is expressly illegal. Somewhat shady, yes, but illegal, no.

Also, if anyone can answer me, would WoWS fall under [Insert region here]'s laws because they serve people in that region? I would assume not, but you never know. I've never read many documents pertaining to legal jurisdiction in online cases.

Edited by AtlanticRim

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VviDVg6.png

 

VsQUtw5.png

OP can easily get a refund.  Hope he has NOT driven the ship and submitted the ticket.

Edited by ExploratorOne

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1 hour ago, Hatework said:

Your inability to read is not a legal issue.

Care to repeat that? I think you were trying to be funny.

SnarkFail.jpg

 

1 hour ago, ExploratorOne said:

OP can easily get a refund.  Hope he has NOT driven the ship and submitted the ticket.

I did.  I want to keep the ship, just was miffed that they did not apply discount.

 

Dead God...

Well, we INSIST that it's solved because...

 

" Dear Commander,

There is no such information щит our site and I provided this information in the previous reply.
Anyway, if you cannot redeem your coupon for an item in Premium Shop, this coupon doesn't work with this item.

We hope for your understanding.  "

 

With that sudden blot of what I am assuming was Russian, no, I don't really understand.  I don't think they grasp how Coupons work.

 

 

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5 minutes ago, thegreenbaron said:

Care to repeat that? I think you were trying to be funny.

SnarkFail.jpg

 

I did.  I want to keep the ship, just was miffed that they did not apply discount.

When you got to check out and you dont notice a 30% discount on the purchase price, thats what we call a clue.  Reading matters, especially when your buying something.  You should try it.

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2 minutes ago, Hatework said:

When you got to check out and you dont notice a 30% discount on the purchase price, thats what we call a clue.  Reading matters, especially when your buying something.  You should try it.

Might try it yourself then, since the last page I see says that this is not the final price.

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33 minutes ago, thegreenbaron said:

Care to repeat that? I think you were trying to be funny.

SnarkFail.jpg

 

I did.  I want to keep the ship, just was miffed that they did not apply discount.

 

Dead God...

Well, we INSIST that it's solved because...

 

" Dear Commander,

There is no such information щит our site and I provided this information in the previous reply.
Anyway, if you cannot redeem your coupon for an item in Premium Shop, this coupon doesn't work with this item.

We hope for your understanding.  "

 

With that sudden blot of what I am assuming was Russian, no, I don't really understand.  I don't think they grasp how Coupons work.

 

 

Your first clue should have been the color, the second that it says "GOLD", in WoWs, they're doubloons.

 

There is nothing at all illegal here. You didn't pay attention, this is not WG's problem. I'm sorry, man, that's just how it is.

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2 hours ago, AtlanticRim said:

1. He got the offer in the Premium Shop itself, not WoT

2. It never specified it was a WoT coupon except the color.

3. WoT and WoWS are developed by the same company. Different departments, yes but the same company.

 

In my opinion, the OP didn't practice "buyer beware" and I kinda do fault them for that. However, a simple color marking on the coupon isn't enough. Maybe the WoT/WoWS/WoWP logo on the coupon to specify? However, I don't think anything WG has done is expressly illegal. Somewhat shady, yes, but illegal, no.

Also, if anyone can answer me, would WoWS fall under [Insert region here]'s laws because they serve people in that region? I would assume not, but you never know. I've never read many documents pertaining to legal jurisdiction in online cases.

From what I have read if you have a physical presence in a country then you are liable for lawsuits pertaining to your business transacted there. Now the present business address is in Texas from what I know.  But unless someone presses a lawsuit or gets enough people to start a class action suit..I don't see it going anywhere. The only recourse is to file a complaint with the FTC and the worst it can come down to is that the FTC would make a phone call as a warning. Now if the business was foreign and off shore - there is very little you can do if any.  It's like trying to get a refund for your Nigerian Gold deposits they promised you after you sent in a check for a claim LOL! 

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2 hours ago, AtlanticRim said:

1. He got the offer in the Premium Shop itself, not WoT

2. It never specified it was a WoT coupon except the color.

3. WoT and WoWS are developed by the same company. Different departments, yes but the same company.

 

In my opinion, the OP didn't practice "buyer beware" and I kinda do fault them for that. However, a simple color marking on the coupon isn't enough. Maybe the WoT/WoWS/WoWP logo on the coupon to specify? However, I don't think anything WG has done is expressly illegal. Somewhat shady, yes, but illegal, no.

Also, if anyone can answer me, would WoWS fall under [Insert region here]'s laws because they serve people in that region? I would assume not, but you never know. I've never read many documents pertaining to legal jurisdiction in online cases.

#3 is wrong.

WG is publisher of both and developer of WOT.

Lesta studios is developer of WOWS.

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10 minutes ago, Th3KrimzonD3mon said:

Your first clue should have been the color, the second that it says "GOLD", in WoWs, they're doubloons.

 

There is nothing at all illegal here. You didn't pay attention, this is not WG's problem. I'm sorry, man, that's just how it is.

 

In World of Warplanes it's GOLD too, so that doesn't mean anything.  Since by the WG reps admission no where on their site does it say that the color means anything. 

 

Further, yes, it is illegal, and violates FTC rules for coupons.  In much the same way that a coupon worth '$1 off' can't actually be "$1 off if you buy two' without saying so.

 

 

Further, according to the EULA and ToS the governing law is that of California, so I'm going based on that.

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30 minutes ago, thegreenbaron said:

Might try it yourself then, since the last page I see says that this is not the final price. 

You know, just saying " hey man I messed up" or "somewhere along the lines I did not pay attention because of my excitement and I missed that point in the transaction".

Some where along those lines, you would end your mishap/error of your due diligence.

From there we understand, we've been there.

Not owning up your your error. Than well, guilty is guilty and well sentencing will begin  quick. At least you have a choice to except your mistake or not.  

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In any case.  Now we have learned something.  The color of the coupon matters.  The first one was orange as well but it did specify WoT.  And at some point they did mention they would unify gold with doubloons (which never happened and never will from the looks of this new WoWS premium).  While I can see where you were unhappy with it a coupon is a coupon and you are indeed allowed to refund your purchase if you haven't used your Haida yet.

 

Language wise for the coupon it isn't clear but it says

"-in our premium shop"  while at first glance might indicate the whole shop if you look at it another could just mean one shop on it's own.

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5 minutes ago, Navalpride33 said:

You know, just saying " hey man I messed up" or "somewhere along the lines I did not pay attention because of my excitement and I missed that point in the transaction".

Some where along those lines, you would end your mishap/error of your due diligence.

From there we understand, we've been there.

Not owning up your your error. Than well, guilty is guilty and well sentencing will begin  quick. At least you have a choice to except your mistake or not.  

 

Because i didn't.  I spent about 20 min making sure it should.  It did not.

There was no excitement, I bought a cheap ship to test it to be sure it worked rather than waste money.

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The most important point in this for me is that the coupon was not offered during the purchase.  At every other site I have shopped at, unless it is specifically stated that a discount is automatically applied, you have to enter a code or select a coupon.  In addition, the discount you will receive is indicated.  In this case, no coupon was offered during the purchase and, to my knowledge, there was no discount displayed before confirming the purchase.

It is irritating, but it is a learning experience I myself went through at another site long ago.  Unless you are able to select a coupon or enter a code on an internet site, you will not receive the benefit of that coupon or code unnless it is explicitly stated.

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1 minute ago, Navalpride33 said:

You know, just saying " hey man I messed up" or "somewhere along the lines I did not pay attention because of my excitement and I missed that point in the transaction".

Some where along those lines, you would end your mishap/error of your due diligence.

From there we understand, we've been there.

Not owning up your your error. Than well, guilty is guilty and well sentencing will begin  quick. At least you have a choice to except your mistake or not.  

The problem is that there seems to be an inordinate amount of diligence due in having any dealings with WG. Time and time again the company demonstrates a pronounced tendency to reaffirm the suspicion that it is run by a used car dealer.

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1 minute ago, Doombeagle said:

The problem is that there seems to be an inordinate amount of diligence due in having any dealings with WG. Time and time again the company demonstrates a pronounced tendency to reaffirm the suspicion that it is run by a used car dealer.

And this is the issue with California being the governing law of the ToS and EULA.  They may want to have WG legal review this.

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1 minute ago, Doombeagle said:

The problem is that there seems to be an inordinate amount of diligence due in having any dealings with WG. Time and time again the company demonstrates a pronounced tendency to reaffirm the suspicion that it is run by a used car dealer.

Personally, I do not subscribe to that assessment.  I notice that when issues are brought to their attention, they tend make changes to address it; especially with WOWS.  With the Black Ship missions, for instance, they added additional language to the announcement.  When that wasn't enough, it is now stated in a large font.

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