Tuesday, July 13, 2010
I will never shop at Walmart again.
I bought a $30 PC game from them 2 days ago for my son's birthday. We don't have a lot of money, and that was all we could afford to give him, besides a small birthday party. The game didn't work. The only thing that it would show was a pink screen. I removed the program & tried to reload 2 more times only to get the same result. The only reason I bought this game was because they didn't have Age of Empires III, so I thought I would get my money back & then order the game Johnny wanted from Walmart's online store. They refused to give me a refund because of..get this...copyright laws. They said that they would be breaking the law if they gave me a refund, and if I didn't like it then I needed to write my governor. Wha? I waited for 1.5 hours for that? I had 3 Walmart employees surrounding me & telling me that I was trying to get them to break the law by giving me a refund. Long story short, I don't like being bullied & I did get my money back. And after I get Johnny's game, I'm never shopping at walmart ever again.
U.C.C. - ARTICLE 2 - SALES
..PART 6. BREACH, REPUDIATION AND EXCUSE
§ 2-606. What Constitutes Acceptance of Goods.
(1) Acceptance of goods occurs when the buyer
•(a) after a reasonable opportunity to inspect the goods signifies to the seller that the goods are conforming or that he will take or retain them in spite of their non-conformity; or
•(b) fails to make an effective rejection (subsection (1) of Section 2-602), but such acceptance does not occur until the buyer has had a reasonable opportunity to inspect them; or
•(c) does any act inconsistent with the seller's ownership; but if such act is wrongful as against the seller it is an acceptance only if ratified by him.
(2) Acceptance of a part of any commercial unit is acceptance of that entire unit.
What this means in laymans (from http://www.badsoftware.com/):
1. You have the right to inspect the product before you accept it.This is UCC Section 2-606(1)(a).
2. To inspect a program, you have to be able to put it on a computer and run it. You need enough inspection time to can see how the program works, and to have a reasonable opportunity to notice obvious bugs.
3. If it is impractical for you to inspect a product before you take it home or to the office, then you have the right to inspect the product there. This is UCC Section 2-606(1)(b).
4. You have the right to a product that works the way that the seller (publisher or retailer) said that it would. The publisher’s and seller’s statements are found in advertisements, on the box, in the user manual and on-line help, on the publisher’s web site, and in your oral discussion with the publisher’s or store’s staff.
5. If the product doesn’t conform to the contract, you can refuse to accept it (your refusal is a rejection). This is UCC section 2-601. The product fails to conform to the contract if it doesn’t meet the publisher's and seller’s promises, or if it has other defects. Any defect, no matter how minor, is good reason for you to reject the product.
6. You don’t have much time to inspect the product. If you haven’t rejected the product within a reasonable time after taking it home, the law says that you’ve accepted it. This is in 2-606(1)(b) and 2-602(1). You probably have a few days and you might be able to justify needing a few weeks or, for a very complex program, a few months.
*If you do return a software product for a refund, make sure to erase it from your computer, and don’t keep any copies of it. It would be completely unfair—and a violation of the Copyright Act—to buy a program, make a copy, take the original back for a refund, and then keep and use the copy.
The Copyright Act is what Walmart is trying to use to scare people into thinking they are at their mercy. I agree that it is against the law to pirate intellectual property; however, I cannot be penalized for an act that I have not commited. I do not forfeit my rights as a consumer in the United States of America to Walmart or any other entity, because I tore a plastic wrapper off of a game. And if I wrote my Governor, perhaps I would be told that I was protected by Alabama State Law as well: