WHAT THE FUCK

uhh... the media remote is not on the list anymore...

this may have been discussed

but im not searching...

so is freepay gonna help us get it?

or are we waiting 5 months to get less than what we were originally promised?

yup.....i think they took it off a while ago...but i think jake is still talking to his superior about supplying it

Am I wrong or were you promised a Premium pack? The changes in what is included were out in the air when the XBox 360 first launched and Microsoft said the bonus media remote would only be included in the first "x" amount of units (not sure exactly) how many. But it would be awesome if Jake could get a hold of some with the bonus media remote. That would be awesome for you guys.

I'm almost 100% positive there will be no remotes. FreePay promised the Premium pack, which at the time included the remote. FreePay listed the contents of your prize as the contents of what was offered in the Premium pack when the FreePay first put the description up.

FreePay is still offering the Premium pack, but Microsoft changed the contents. However, the retail value is still the same, so FreePay is not going to (nor should they have to) go out and buy remotes for everyone.

yeah mine from trainns didnt have a remote, a $30 isnt to bad if you really want it, im just glad i got mine -)

I'm not a lawyer, and I don't play one on TV, but I do sell direct to the public and I can tell you the legal issue with the remote would not be about the financial value of the actual package but with an advertising legality known as bait and switch. If I offer a value with specifics, and can't provide those specifics I am at risk of being accused of Baiting and Switching my clients for the purpose of profit.

I can offer you a $10,000 diamond as our gift to you for making a purchase. Now that diamond can be stuck in carbon still and there's nothing you can do. On the other hand if I say a flawless diamond with every purchase and then substitute the worlds largest hugely flawed diamond in its place which is of equal value, I have still used deceptive advertising practices and could be facing legal issues.

Freepay didn't offer the premium package, they offered a list of items as part of that package and they may very well be legally liable to provide that list. Again, I am not a lawyer nor am I sure of these facts other then how they effect my specific job.

^ exactly right
this is a bait and switch situation and the stuff class action lawsuits are born from

[quote4dbb01334f="hrdfarkr"]I'm not a lawyer, and I don't play one on TV, but I do sell direct to the public and I can tell you the legal issue with the remote would not be about the financial value of the actual package but with an advertising legality known as bait and switch. If I offer a value with specifics, and can't provide those specifics I am at risk of being accused of Baiting and Switching my clients for the purpose of profit.

I can offer you a $10,000 diamond as our gift to you for making a purchase. Now that diamond can be stuck in carbon still and there's nothing you can do. On the other hand if I say a flawless diamond with every purchase and then substitute the worlds largest hugely flawed diamond in its place which is of equal value, I have still used deceptive advertising practices and could be facing legal issues.

Freepay didn't offer the premium package, they offered a list of items as part of that package and they may very well be legally liable to provide that list. Again, I am not a lawyer nor am I sure of these facts other then how they effect my specific job.[/quote4dbb01334f]

Hey Perry Mason, read their terms and conditions.

"We may also add or remove any product listed as an incentive at any time. If we replace a product, the new product may not be of equal value."

Also, the description says "Xbox 360 - Premium Edition", and proceeds to list the contents that were provided to them by Microsoft. That looks like they're offering the Premium Package to me.

Hey Matlok,

I don't believe their T&C changes the laws of our country, again I could be wrong. I guess next week I will run a sale which says EVERYTHING FREE, then in small print I will add "except items we sell" because then it's not fraudulent or misleading.

Regardless of the contents of their T&C, advertising laws still apply. Changing the product to something of lesser value or different then advertised is considered bait and switch.


(I edited out fucktard and replaced it with matlok. It seemed a little harsh when I typed it but i'm having a stressful angry morning. I figured I would add this down here so people don't think I tried to edit my way out of something I said.)

[quote18850eca65="hrdfarkr"]Hey Matlok,

I don't believe their T&C changes the laws of our country, again I could be wrong. I guess next week I will run a sale which says EVERYTHING FREE, then in small print I will add "except items we sell" because then it's not fraudulent or misleading.

Regardless of the contents of their T&C, advertising laws still apply. Changing the product to something of lesser value or different then advertised is considered bait and switch.


(I edited out fucktard and replaced it with matlok. It seemed a little harsh when I typed it but i'm having a stressful angry morning. I figured I would add this down here so people don't think I tried to edit my way out of something I said.)[/quote18850eca65]

I'm sure Freepay didn't have a lawyer go over the Terms & Conditions at any point since they started with FreeCondoms.com years ago roll

Anyways, Freepay says XBOX 360 PREMIUM EDITION, and lists the contents of the package. They aren't liable because Microsoft decided to change the package.

I think you'd have a hell of a time proving that FreePay deliberately tried to deceive people, that this "remote" resulted in more customers, and that the whole complaint is valid with this type of business, which is far from a traditional store.

I can say I am upset about the remote, but I will live. I don't believe this is bait and switch. Freepay had every intention to give us the Premium Package that provided the remote but MS removed it. It is not FreePay's fault. They listed the remote because it was part of MS' Premium Package at the time and through no fault of FreePay was the remote removed. Bait and Switch has to do with luring people in with an advertisement like get this camera for a quarter and then when people try to get the camera they say we don't have it you can have this one for $149.99 instead. FreePay is still offering the overall item - the one you signed up for - the XBOX 360 Premium Edition at no "real" cost to you, it was through MS' decision that the remote was removed. Get over it people, just be happy we are getting them and stop nitpicking on every detail.

EDIT and the Premium Edition being offered by FreePay now is NOT of lesser value, the remote was a limited edition add on and now they are gone.

meh...I was going to keep discussing this, but its an empty argument. I don't really give a shit about the remote, this was more about a logical discussion of bait and switch. I'm glad I changed the fucktard comment to matlok since CG seems to be a logical debater and it was unneccessary, but I still disagree about the Bait and Switch issue but I will agree to disagree.

As far as the remote goes, whether it is or isnt a legal issue they should do something nice for their customers for the huge long delay. As a person who sells to the public, something like this would have immediately generated a coupon code or special offer for anyone caught up in it.

Jake btw has handled this situation flawlessly and I don't blame Freepay for M$'s fuckup.

I can agree to disagree, and I did enjoy the debate. It's nice to see something besides "OMGMG MY MOM WONT BUY ME AN XBOX 360 SO I NEED MINE NOW FREEPAY SUXXXXXXXXXXXXXXX" D

LOL I couldn't agree more.

My problem is that everyone knew the media remote was a limited time offer and not actually part of the premium package. They should have just said premium package and not listed the remote.

Also, a LONG time after the remote wasn't available anymore, they still had it up.

[quote43868eb79e="J4320"]Also, a LONG time after the remote wasn't available anymore, they still had it up.[/quote43868eb79e]
yeah, I noticed that and was hoping they would give us a check for the remote; i may be wrong, but I heard of some other sites writing checks for 360's when they couldnt come through, and the checks were > 435. I am assuming maybe this would cover the purchase of the remote as well? I went ahead and bought a 360 and will sell my freepay one since I am impatient and my wife loves HaloII . mrgreen

[quote4d76fd805e="Adma"][quote4d76fd805e="J4320"]Also, a LONG time after the remote wasn't available anymore, they still had it up.[/quote4d76fd805e]
yeah, I noticed that and was hoping they would give us a check for the remote; i may be wrong, but I heard of some other sites writing checks for 360's when they couldnt come through, and the checks were > 435. I am assuming maybe this would cover the purchase of the remote as well? I went ahead and bought a 360 and will sell my freepay one since I am impatient and my wife loves HaloII . mrgreen[/quote4d76fd805e]the $35 was most likely for tax

[quotea17295ce2b="Crynos"][quotea17295ce2b="Adma"][quotea17295ce2b="J4320"]Also, a LONG time after the remote wasn't available anymore, they still had it up.[/quotea17295ce2b]
yeah, I noticed that and was hoping they would give us a check for the remote; i may be wrong, but I heard of some other sites writing checks for 360's when they couldnt come through, and the checks were > 435. I am assuming maybe this would cover the purchase of the remote as well? I went ahead and bought a 360 and will sell my freepay one since I am impatient and my wife loves HaloII . mrgreen[/quotea17295ce2b]the $35 was most likely for tax[/quotea17295ce2b]

$435 is including tax, I bought mine from best buy for $435 (tax included) I guess it could have been to cover shipping costs

[quote795057f119="hrdfarkr"]Hey Matlok,

I don't believe their T&C changes the laws of our country, again I could be wrong. I guess next week I will run a sale which says EVERYTHING FREE, then in small print I will add "except items we sell" because then it's not fraudulent or misleading.

Regardless of the contents of their T&C, advertising laws still apply. Changing the product to something of lesser value or different then advertised is considered bait and switch.


(I edited out fucktard and replaced it with matlok. It seemed a little harsh when I typed it but i'm having a stressful angry morning. I figured I would add this down here so people don't think I tried to edit my way out of something I said.)[/quote795057f119]

T&C doesn't change the law, however it helps the respective site avoid big legal issues such as this. By participating on the respective site with T&C, you automatically agree to the terms. They did not change the product to a lesser value or different, Microsoft did. As others have stated it was a promotion and therefore not available anymore, anywhere.