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Old 10-06-2008, 08:48 PM   #71
Chariac's Avatar
Chariac is a jewel in the roughChariac is a jewel in the rough


Its Legal Its in their User Agreement you agreed You cant sue them PLUS they're a Canadian Compny their laws are different than ours.
You can actually say whatever you want in a user agreement, but that doesn't mean the user agreement is legal. Lots of companies have discovered that a user agreement doesn't mean they can do whatever they want. Ask AT&T about that.

I think what everybody is trying to say is that we aren't getting what we paid for and Ganz doesn't care. It's not so much about a lawsuit (at least for most of us) or even about getting Ganz to make everything perfect. If they were doing their best and contacting people with problems, I think everybody would be more understanding. But... when you write emails, fill out forms, call and leave messages, write the main headquarters, etc and don't get any sort of response other than form letters, you don't get what you paid for. No user agreement can basically say, "We get your money and you get nothing. Hope your happy because we are." It would never hold up in court or arbitration or anything.

I think that's what the original question was really asking. Plus, whether or not they are in Canada doesn't really matter. They have a presence in the United States and are subject to our laws since they operate here.

However, knowing all this really doesn't help any of us. I think that the most we can do is is keep trying to call Ganz (probably the main headquarters, not webkinz) and maybe start filling out BBB reports. I think that Ganz really does care about their reputation, but all of us chatting on a webkinz specific forum doesn't really affect their overall reputation... but maybe we'll get lucky and someone at Ganz is reading this forum right now.

Good Luck everybody with your issues... Keep trying because having everybody here and on webkinz is what makes it so much fun.
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Old 10-06-2008, 09:23 PM   #72
I dance with my
Webkinz :)
pupso98's Avatar
pupso98 is a glorious beacon of lightpupso98 is a glorious beacon of lightpupso98 is a glorious beacon of light


I dunno ganz's #, but say I am sorry to your bro for what happened...
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Old 10-06-2008, 09:46 PM   #73
Gift Guru
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rubygooby is just really nicerubygooby is just really nice


thanks pupso. appreciate that!

View Post Originally Posted by DuckKing329898
Its Legal Its in their User Agreement you agreed You cant sue them PLUS they're a Canadian Compny their laws are different than ours.
I already said it but you probably didn't read it. the problem, as far as I can see, with their user agreement is that you have to agree to it in order to use the website but that's already AFTER you've already purchased the webkinz and taken the tag off to put the code in- at that point they say do you agree to this user agreement? and you're forced to or you can't adopt the pet. That's after you already purchased it and it's NOT REFUNDABLE. You cannot say no, I don't agree to that and turn around and return the pet and/or not purchase the pet. you are only given the choice to agree or not agree AFTER you've already spent the money on the item and can't get it back.
THAT is why I think this can't possibly be legal and they shouldn't get away with it. I wouldn't have a problem with the rest of their user agreement but basically they are waiting till after you've purchased the item, knowing FULLY WELL that you purchased it with intent of items received online since they advertise what you'll get with a POTM pet, and then force you to agree that if you don't get the items they aren't liable to give them to you- in order to adopt the pet. But you don't really have a choice at that point- you're FORCED to say yes because you cannot adopt without saying yes and you cannot return the pet and get your money back.

That is what I don't think they should be allowed to get away with. If you had a problem and you called and it was their policy to look it up and SEE that you didn't get it, and gave you the items- I wouldn't have a problem with this at all. and yes they can look. The first time we missed adoption gifts months ago and my mom called twice- both times two different people said they COULD and WOULD look up the account and can tell if you did not get the items in the adoption gifts. For them to say they can't tell who is lying or not- is in itself a lie. They just don't want to take the TIME. So this all boils down to they have glitches that make you lose or not receive items- and they don't want to take the time to fix those glitches and they don't want to take the time to make it right to their customers. They would rather just wash their hands of it and use this bogus user agreement, that you're forced to agree to AFTER you've already spent the money on an item you cannot return for a refund, as a reason to not have to waste the time to replace your items and in essence that would motivate them to fix the glitches. They'd rather just not bother..... because they can get away with it. And it's not right. simple as that.

---------- rubygooby added 8 Minutes and 54 Seconds later ----------

OH btw, it was one thing for them to pretend that they were only selling the webkinz and "here, we'll give you a "free" website- you're not buying the website- we're giving it to you free. Yes we totally believe you would spend that much on the webkinz and the website is free- therefore we can wash our hands of it and are not liable for any money you lost if the website doesn't work, you don't get your items or even if the website disappears. " to then sell ONLY virtual items on their estore.
I think they can no longer pretend that people are only buying webkinz and just getting a "freebie" of a website when they are selling virtual items themselves. I think that proves they totally KNOW that people are buying pets for the virtual items they say you'll get when you adopt them and the use of the website. the estore proves that.

I just think it's so unfair of them to promise you'll get things with your adoptions and then you don't and if you call they say it's their policy not to replace items you don't get. that is so wrong!

Last edited by rubygooby; 10-06-2008 at 09:49 PM.. Reason: Automerged Doublepost
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Old 10-06-2008, 09:52 PM   #74
Webkinz :)
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PookieBear is a glorious beacon of lightPookieBear is a glorious beacon of lightPookieBear is a glorious beacon of light


I am sorry about what happened. Here is the thread where they were not given the exclusive upon adopting their pets:


The Ganz rep decided to reset their pets and let them re-adopt them. I don't know what happened when they tried, but may be you can PM to see how it went.

I think if your Mom calls them and is calm and reasonable, then may be she will have a better chance of having something done about the missing pug items. I can tell you, most people do not like being yelled at or accused of illegal activities, etc. Remember, this person she will be talking to is just an employee of Ganz. If she pushes and starts throwing out accusations, they may feel that they don't have to do anything special for her. But do remind them nicely that you and your family are loyal customers and have purchase many items from Ganz and would like to have a favourable outcome to this "glitch" if possible.
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Old 10-06-2008, 10:53 PM   #75
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gmawk1 is an unknown quantity at this point


Although it is a Canadian company, a Cheektowaga NY location is on the tag. I would persue it through that, too. You're right, it really isn't fair. They are clearing their stock of harder to sell, older Webkinz by declaring them POTM so they should honour their promise of virtual prizes.
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Old 10-07-2008, 12:02 AM   #76
To the invisible (:
Webkinz :)
In The Sun's Avatar
In The Sun is a splendid one to beholdIn The Sun is a splendid one to beholdIn The Sun is a splendid one to beholdIn The Sun is a splendid one to behold


Thats a bummer. At least they should fix there adoption glitches. I mean how many complaints do you think they get a day just for that.?. Anyways. I am so sorry to here about that. I would have your mom/you or whoever call the people. They should have to give you your things back. & a bonus to top it.
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Old 10-07-2008, 12:38 AM   #77
Gift Guru
rubygooby's Avatar
rubygooby is just really nicerubygooby is just really nice


Thanks for the support everyone. I think my mom is gonna call tomorrow but she said she would call today and then said she was too busy to. we'll see. maybe it's better that she didn't call while she was all mad anyway. LOL you know so she will be nicer about it!

gmawk1 you bring up another point that proves they know the pets are being bought -paying that price and that many purchased- because of the gifts you get. They are making older pets the POTM because they KNOW that this will cause people to go buy those pets. So a promise of all this extra loot bag stuff you'll get is exactly what is causing people to buy the older pets that aren't selling well- and they know that- and that's why they are making the older pets the POTM! even more proof so they can't deny that they know the pets are being bought for the website aspect of it too!
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Old 10-07-2008, 03:43 PM   #78
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DuckKing329898 is an unknown quantity at this point


You Still have no right to Sue them You agreed to it and Heres what i say... If ya Dont Agree with them Dont Buy The Product.
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Old 10-07-2008, 04:17 PM   #79
Hockey Is My Life
Webkinz :)
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scrubsfanatic is on a distinguished road


Can I just express a concern I have with this? They clearly state on their site that they don't assure that you will get all the items you are supposed to, they can terminate accounts, and even close down the website for good without at any time...

My concern is, if everyone all of a sudden starts suing because they didn't get a couple items, etc, maybe they will think it's not worth it any more and just shut the site down for good... Or if one person does it and then others start down the road maybe they will shut it down and THEN not only did you not get your items but now everything you have ever earned and all your pets are gone for good.

Just some food for thought...

PS. I do think the person who's WHOLE account was taken away deserves an explanation... They should be more specific when they do those things rather than just give everyone a generic explanation...
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Old 10-07-2008, 06:01 PM   #80
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TigMagick will become famous soon enough


Yes I have been worried about that person, did they recive any info? if so please post. I saw a thread a few months back where they had gotten banned and there other family memebers accounts for no reason they could think of. I hope its not another glicth of webkinz....
TigMagick is offline Female

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