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Wii Pre-order with a Catch

Joined
Jul 20, 2006
Messages
15
I just got a pre-order ticket for the Wii at my local TRU after waiting over 7 hours in line. The manager decided to force us to buy the 1 year service plan on top of the manufacturer's warranty in order to get the Wii.

Basically, I am obligated to pay $40 for the service plan in addition to getting the Wii OR I don't get the service plan and get my deposit back - no Wii. Nintendo is known to produce high quality products and I feel it is unnecessary to get the service plan.

What do you think about that? (Don't get me wrong, I'm happy that I got my preorder in. :D )
 
That sounds like it's against Toys R' Us rules, let alone the legality of it. I would go back there and demand where they have a notice from corporate stating all pre-orders must be sold with a service plan, and that you have your service plan refunded/returned (if they refuse or claim they can't, demand that they make it free because you didn't want it in the first place).
 
I think that is preposterous.
What I would do, is when you've got the goods in hand, refuse to pay the service charge.
What are they going to do, make you give it back????
Also photocopy the preorder and fax it to Nintendo.....they will tell the retailer what they can do with that policy, I'm sure.

It's ok to offer service policies, but to make that mandatory is illegal, I believe. What store has ever fixed something covered by that dumb service plan anyway???? We have a gamecube that has run flawlessly since the day it was purchased, plus several gameboys, never a problem.

Forcing an extra cost to a product is highjacking the customer. I'd also call the stores headquarters, I am sure you'll get a refund quite quickly unless that was a company wide policy, and if so I'd get that in writing to send to Nintendo, too. That retailer will be sanctioned, I'm sure.
 
Huh, seems like my gut instinct was right since I felt there was something fishy about that. Looks like I'll be writing a letter or two along with copies. I will definitely keep you guys updated.

If you find any more information about this stuff, let me know. It will definitely help!

Pardon me while I run off to sleep... :rolleyes:
 
I was doing some preliminary research before I hit the sack and I came up with this quote from an open letter written by the president of Best Buy regarding the Xbox 360 launch:

"Specifically, customers in some Best Buy stores were told that they were required to buy additional Xbox accessories or services if they wanted one of the sought-after Xbox 360 consoles, even though we advertised the Xbox 360 console alone. I want to be very clear that Best Buy does not condone pressuring customers to purchase items they may not want or that may not fit their lifestyle. In fact, these behaviors are in direct conflict with our desire to serve customers’ needs better than anyone else, and our values of honesty and integrity."

Link to the article: http://www(.)xboxcircle(.)com/news/best_buy_president_apologizes_for_xbox_360_launch.html

Looks like Toy R Us will not be happy to hear about this. Although, I'm not sure if this will concern Nintendo.
 
Does getting a pre order from TRU actually secure a system for you?


or does it just get you a spot in line?
 
When writing your letters, be sure to send them certified mail with return receipts.
 
Also, I am not sure what TRU's policy on returns is, but at Best Buy and Circuit City at least you can return a service plan on an item for a full refund as long as it is during the return policy of the item itself.

So, if their policy is similar, you can pre-order it, pick it up, take it out to your car, then go back in with your receipt and return the service plan.
 
This whole "illegal" thing is retarded. If you don't like the rules, buy it somewhere else. Why should it be your "right" to buy a product at a store? Would it be illegal for them to put them on the shelf and not allow anyone to buy them? Of course it wouldn't.

The bbb may legally disagree with me but this whole thing is just stupid. If you don't like it, go buy it somewhere else. Tons of people are just buying the ps3 to resell it anyway...which everyone is fine with from a legal standpoint, but when a store makes a bundle (which they hardly hold you at gunpoint to purchase) people complain. Why not complain that nintendo is making you buy wii sports?
 
Spaceman_Spiff said:
This whole "illegal" thing is retarded.
...except for the fact that it is [illegal].

If a manufacturer says "You may sell my product, but don't bundle it," and the reseller bundles it, then that reseller just broke a contract, which is a legal document. Hence "illegal."

And the same goes for if they received the product, but refused to sell it. If they buy the product under the guise of a reseller, then they had better damned well re-sell the thing.
 
Spaceman_Spiff said:
This whole "illegal" thing is retarded. If you don't like the rules, buy it somewhere else. Why should it be your "right" to buy a product at a store? Would it be illegal for them to put them on the shelf and not allow anyone to buy them? Of course it wouldn't.

The bbb may legally disagree with me but this whole thing is just stupid. If you don't like it, go buy it somewhere else. Tons of people are just buying the ps3 to resell it anyway...which everyone is fine with from a legal standpoint, but when a store makes a bundle (which they hardly hold you at gunpoint to purchase) people complain. Why not complain that nintendo is making you buy wii sports?

There is a big difference between a store forcing a customer to buy a warranty and someone reselling something on e-bay.

First of all, many electronic items such as gaming consoles, most computers, DVD players, mid-range and lower televisions, etc, are sold at an extremely low margin. In fact, stores often sell gaming consoles for the price they pay for them, or a buck or two above or below (that is correct, sometimes the store has to pay more for the console than what they sell it for). Where they make their money on these items is from warranty plans and accessories. An extended warranty is 100% profit up front, and accessories (controllers, memory cards, cables, driving wheels, etc) can give the store anywhere from 35% - 65% profit, sometimes more (not console related, but that leather cell phone case you buy for $20 the store probably paid about $3 - $5 for). That is why when you go into Best Buy/Circuit City/Toys 'R Us/Radio Shack, etc, the salespeople offer many of these items to you and push the warranty plans, they have to do it for the store to make money.

Now, if there were no law against forcing bundles, all of the stores would do it to some extent, which would increase the overall cost of buying the original item, and could lead to decreased sales of it, which would piss of the manufacturers and make them lose money, not to mention force customers to pay more than they had to. You might be thinking 'well, one store could just not force the bundle, and they would make out like bandits' and while they would probably sell more units overall, in the case of gaming consoles, it would make no difference since there is an extremely slim if any profit margin, so no store would bother.

The law exists to level the playing field, pure and simple, and to insure that neither the customer nor the manufacturer has their feet stepped on. In addition, many companies (including Microsoft, Sony, and Nintendo, as well as a handful of non-gaming companies like Bose and Apple) have signed contracts with anyone who sells their products (or at least certain products) in the retail or online market that they have to sell them for the price that the manufacturer dictates, without bundles or forced wwarranties. All gaming consoles have been like this for some time, so for TRU to be forcing the warranty not only violates the law, but could get TRU as a corporation in big trouble with Nintendo, to the point where Nintendo might send them less units, or stop selling at TRU locations altogether.

As for buying a PS3/360/Wii and selling it on E-bay, it is a completely different story. Once you buy the system it is your property, and even if you never open it, it is out of the retail chain. Once it is your property you can sell it to anyone you like for whatever price you like as you are an individual private seller, not a corporation. The situation gets a bit fuzzy with online e-tailers that deal exclusively over E-bay, and I have a feeling it would depend on whether or not they were recognized as authorized dealers with the manufacturing company and whether or not they were recognized as a company.
 
Spaceman_Spiff said:
This whole "illegal" thing is retarded. If you don't like the rules, buy it somewhere else. Why should it be your "right" to buy a product at a store? Would it be illegal for them to put them on the shelf and not allow anyone to buy them? Of course it wouldn't.

The bbb may legally disagree with me but this whole thing is just stupid. If you don't like it, go buy it somewhere else. Tons of people are just buying the ps3 to resell it anyway...which everyone is fine with from a legal standpoint, but when a store makes a bundle (which they hardly hold you at gunpoint to purchase) people complain. Why not complain that nintendo is making you buy wii sports?

(1) - It IS illegal.
(2) - If people could preorder or buy it elsewhere, they would. For the most part, retail stores are going to be the only places consumers will be able to pick up the Wii and PS3 at their MSRPs this holiday season.
(3) - "Why not complain that nintendo is making you buy wii sports?" Because I was going to buy it anyway.

EDIT: Excellent post, NulloModo
 
I believe the internal word at retail stores for this practice is called "inboarding", or on-"boarding", but it's been a while.

Stores know they can't force you to buy a warranty with a product, and they fired managers at Best Buys for doing it with the 360's last year.

Take your receipt back and get a freaking refund.
 
I am with NulloModo, buy it and then just return the service the next day assuming it is similar to BBY's.
 
I don't think their is a law against bundles specifically, it's only illegal in the sense that it breaks the contract with Nintendo.
 
zero002021 said:
(1) - It IS illegal.
(2) - If people could preorder or buy it elsewhere, they would. For the most part, retail stores are going to be the only places consumers will be able to pick up the Wii and PS3 at their MSRPs this holiday season.
(3) - "Why not complain that nintendo is making you buy wii sports?" Because I was going to buy it anyway.

EDIT: Excellent post, NulloModo

I didn't question the legality/illegality of it (hence the quotation marks) but rather the relevance and necessity of such laws. People in general nowadays get ridiculously carried away with their "rights" and, oftentimes, act like total assholes and complain about everything.

I understand all about pricing, store cost, etc...but still dont buy the argument that all stores would essentially form a cartel and start bundling everything. If people hate bundles so much, and there's one store that isnt doing it, I dont see consumers going to that one store to buy only the system and purchasing everything else at another store (which bundles) whose policies they despise. This is essentially what nullomodo suggests. Shame on me for believing in capitalism and customer loyalty. :rolleyes:

Seeing as we've had bundles on new consoles happening since the ps2 days, console manufactures either
a) dont force retailers to sign agreements you guys have described, or
b) dont see it as the downward spiral doomsday threat described- because if they did they'd put a stop to it.
 
linusthepenguin said:
I just got a pre-order ticket for the Wii at my local TRU after waiting over 7 hours in line. The manager decided to force us to buy the 1 year service plan on top of the manufacturer's warranty in order to get the Wii.

Basically, I am obligated to pay $40 for the service plan in addition to getting the Wii OR I don't get the service plan and get my deposit back - no Wii. Nintendo is known to produce high quality products and I feel it is unnecessary to get the service plan.

What do you think about that? (Don't get me wrong, I'm happy that I got my preorder in. :D )

I agree that Ninny usually gives great quality products, but honestly, given the *disaster* that Xbox 360 quality has been for me and the track record of Sony with PS1 and PS2 (both were JUNK quality), and Wii surely being more complex than PS2 was, I'd say bite the bullet and get the plan. It's only $40 and it may well be worth your time. Having now spent longer WAITING for my replacement 360 than I actually had a *working* 360, I'll tell you what--If I could go back, I'd buy the plan at *twice* that price.

Jason
 
Spaceman_Spiff said:
Shame on me for believing in capitalism and customer loyalty. :rolleyes:

It's exactly that. If there were nine stores offering something force-bundled with a $40 warranty, and one store offering it without, those nine stores would instantly lose my customer loyalty due to their asshattery, and I would have a newfound love for that tenth store. And I"m sure I wouldn't be the only one, either. Capitalism/Free Market usually equals choices. People would make the choice.

And I do believe that manufacturers have contracts that state against bundling. How many managers were fired over the 360 launch because they forced customers to bundle accessories?

:p
 
Here's a "little" update to my situation...

I called TRU and was directed to their guest relations department. The rep there listened to my situation and ended up calling the manager of the store. Apparently, they said that the warranty was just a recommendation, not a requirement to buy the wii. I call shens. So, I asked the rep if it wasn't what you were informed, what should I do? He told me to just call them up and they will deal with it accordingly.

My plan is to just go ahead and buy the wii. If I get denied based on the fact that I won't buy the warranty, then I'm calling guest relations and I'll stick the phone to the manager; have him explain the situation to HQs.

I'm thinking about trying to get a copy of the so-called warning letter saying that I am obligated to buy the warranty to ensure that guest relations are seeing the situation from my side.
 
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