Arravis said:
GMSkarka:
That seams pretty weak. RPGNow site clearly states that the product provides a map. That is in effect a contract between RPGNow and the customer for you to provide that content. They are sending you the money, therefor you are responsible to provide that content, regardless of what your policy might be. By simply selling the product you take on a measure of liablity and responsability for it. In the U.S. legal system you can't "sign" away your rights nor can you waive the rights of your customer by having a disclaimer. The only thing you can really do is under this specific circumstance give the customer either the map or his money back and change the wording of the product description. Simply, you don't have a leg to stand on, on this one.
IANAL, but I'm not sure this is the case, for reasons I will discuss below. Let me throw something in here on RPGNow's behalf...
That there is a mistake
isn't RPGNow's fault - a lot of folks in here seem to think RPGNow somehow has "control" of what's in a PDF and that's simply not the case. Much of the anger here, while justified, is misdirected. Here's how the process works:
1.) RPGNow is provided with a PDF by a publisher. The publisher is the one who has access to and control of what he puts in the "product description" area - not RPGNow. The publisher is the one who has access to and control of what is in the product itself.
2.) In this case, the description did not match the product sold. This is not RPGNow's fault, as it is not their business to audit every description to make sure it matches the product (not to mention that the publisher can change the description at a moment's notice). RPGNow is in the position to make "reactive" changes once someone complains (and they have in the past, "taking down" extremely poor/ripoff/unlicensed products within 24 hours of complaint, BTW) but that's all.
3.) In this case, things are slightly different since WotC is the publisher and they have (unfortunately) abandoned support of their ESD program. This one is on WotC, not RPGNow.
Obviously, an electronic product is slightly different from a physical one in that the "no returns policy" makes sense (as has been noted before). But RPGNow.com is not quite the same as your local game shop. In a sense, RPGNow.com is more like eBay/PayPal. When you win an auction on eBay, you may pay for your item using PayPal - the money goes first to PayPal, and THEN to the seller. Similarly, when you buy an item from RPGNow.com, the money goes first to RPGNow.com, and THEN to the publisher. If you do not receive the item you bid on from eBay in the stated condition, you complain to/about the SELLER, and possibly TO eBay (but not ABOUT eBay) if that doesn't resolve the problem. Similarly, if you receive something from RPGNow.com that is below what you expect, you ought to first complain to the publisher - THEN complain to RPGNow.com if you are not satisfied.
The analogy is not perfect, and there are some differences in the details, but in essence, that's the way it works. When someone buys a copy of the Enchiridion of Mystic Music, for instance, I consider them to have bought it from ME using RPGNow.com (see the difference).
In this case, I fear you're probably hosed - because
WotC (not RPGNow.com) has decided to discontinue support for ESDs and is completely uninterested in fixing any problems extant in current ESDs. That's a WotC issue, not an RPGNow.com issue. You can complain to RPGNow.com, but there's not a lot they can do about it - they don't have enough leverage to move WotC. About the best you can expect from RPGNow.com is for them to (a) change the description or (b) pull the product from their site.
If you want to be upset, that's certainly your perogative. Just make sure you're directing your anger at the person who sent you the message that ESD's aren't important enough to get right (that would be WotC) and not the messenger (RPGNow.com).
Just take a second to cool off, back up, and look at how things work, and you'll find that your anger, while justified, is misplaced. It's much like getting upset with Visa or Mastercard when you use plastic to pay for a shoddy product. Get upset at the shoddy product maker instead.
--The Sigil