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Consumer Protection Laws for Australia - Asheru

Discussion in 'General Discussion' started by Hania, Mar 23, 2017.

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  1. Hania Steam Early Access

    You are wrong.

    Australian Consumer Law
    Consumer guarantees

    A guide for businesses and legal practitioners

    Section 3
    ‘No refund’ signs and other statements about consumer guarantees


    Signs and statements that limit, or seem to limit, consumers’ rights are unlawful – including ‘no refund’ signs. Suppliers and manufacturers cannot:
    • limit, restrict or exclude consumer guarantees, or
    • avoid their obligations by getting the consumer to agree that the law of another country applies to the contract or to any dispute.
    A supplier must not tell a consumer that they are required to pay for any rights equivalent to a consumer guarantee. This means that, when selling an extended warranty, a supplier or manufacturer should be very clear exactly what it offers over and above the consumer guarantees. Consumers cannot sign away their consumer guarantee rights. If suppliers or manufacturers attempt to put terms in their contracts to avoid responsibility, they may also be misleading the consumer about their legal right to compensation for consequential loss. Any such terms may be considered unfair contract terms.
  2. Duximus Duximus Steam Early Access

    It is true but you know what Asheru will do to this thread again
    Media mainpulation. Censorship.
  3. Jereb31 Jereb31 Recruit

  4. kharnzor kharnzor Arkhona Vanguard

    This. There is no ToC or eula that overides a countrys laws full stop.
    Matsukovich and Jereb31 like this.
  5. Plongo Subordinate

    Might have a bunch of c%nts in parliament, but at least our laws don't take shit lol.
  6. FreeMek Gortflagg Nexle09 Arkhona Vanguard

    Inb4 ash closes this thread cause he/she/it can't offer another baseless excuse
    Xeltan and Brother-Bardiel like this.
  7. Despite local refund stuff, the ToS also contains the following:

    A. Preorders

    BHVR is taking preorders related to its game “Eternal Crusade” (“Game”). You may select one or more of the packages offered on the Website and pay the indicated amount(s) in accordance with the following terms agreed between you and BHVR:
    • Your payment is a deposit to be used for (a) the production and delivery cost for the package (“Package Cost”), and (b) the development and production cost of the Game, including the Website cost, and BHVR’s corporate expenses associated with the foregoing (the “Game Cost”).
    • The deposit shall be earned by BHVR and become non-refundable to the extent that it is used for the Package Cost and the Game Cost, with your deposit being applied as follows: first to the Package Cost, and then to the Game Cost in a percentage equal to the total applied Game Cost in relation to the total deposits of all contributors remaining after the Package Cost.
    In other words, when you preorder/buy into early access, there is a risk things might not turn out as planned. You didn't buy a game, you gave your money to produce a game, and that's what happened! This is usual business! When you agreed to the ToS, you agreed to the risk. bE gave more than enough possibilities (more than they had to) to refund for founders. The australian laws would probably apply, if you bought a finished game instead of investing into the production of a game. Please just stop it.

    Please note how this article doesn't adress early access or similar.
    Brujah likes this.
  8. For those who don't know the whole story yet...
    What's this about? Just curious
  9. Celestia Celestia Prefectus

    Matsukovich, Brujah and DrDooManiC like this.
  10. Viking Vking Arkhona Vanguard

    oh another DEVS LIED GIEF BACK MONEY thread? yawn :OrkSkull:
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