Electronics Boutique Australia Pty Ltd (trading as EB Games) has undertaken to refund consumers after acknowledging they are likely to have misled consumers about their consumer guarantee rights in relation to faults with the online video game Fallout 76.
Consumers had complained to the ACCC that EB Games representatives had advised them they were not entitled to a refund after they experienced a range of faults with the Fallout 76 game, including problems with servers and bugs in the game.
EB Games has provided a court-enforceable undertaking to the ACCC, committing to refund consumers who contacted EB Games between 14 November 2018 and 31 October 2019 to request a refund for the Fallout 76 game due to faults and were denied a refund.
“The Australian Consumer Law provides consumers with the right to ask for their choice of a repair, replacement or refund when they have purchased a product that has a fault which amounts to a major failure,” ACCC Commissioner Sarah Court said.
“Retailers must ensure that they train their staff so they do not misrepresent to consumers their consumer guarantee rights under the Australian Consumer Law, including the right to obtain a refund in certain circumstances.”
Consumers who are eligible for a refund from EB Games because they were denied a refund should contact EB Games before 1 August 2020 by emailing the EB Games Customer Service Centre at customer.supportAUS@ebgames.com to request a refund.
Consumers who accept a refund will lose their entitlement to access and play the game.
EB Games’ undertaking is available at Electronics Boutique Australia Pty Limited.
Background
EB Games is a physical and online retailer of video and computer games, consoles, and associated accessories and collectibles.
The Fallout 76 game was published by Bethesda Softworks LLC which is part of the ZeniMax Media Inc.Group. The Fallout 76 game was released on 14 November 2018.
On 31 October 2019, the ACCC also accepted a court-enforceable undertaking from ZeniMax Media Inc, ZeniMax Europe Limited and ZeniMax Australia Pty Ltd after they acknowledged they were likely to have misled consumers about their statutory consumer guarantee rights in relation to the Fallout 76 game.