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Old 11-06-2008, 11:54 PM   #1
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Default Unanswered: Legal advice on Pet of the month problem

I know that a lot of people have been having problems with the pet of the month. I was just reading another post http://www.webkinzinsider.com/forum/....html?t=421146 . I have actually kept from buying pet of the month products for fear of this the last few months.

I'll just reiterate my thought and hope someone here is a lawyer or knows one who they may ask. Isn't this a large case of false advertising.

False advertising is defined as the following(from LA department of consumer affairs):
"False advertisement is untrue or misleading information given to you to get you to buy something, or to come visit their store. Those who make and sell products must honestly present their products, services and prices to you. "

This is exactly what Ganz is doing to us the consumer. I cannot even use my ww account anymore. If i do jobs, play the arcade, try to garden, I will get the please wait, or it will reset on me. This is not the product I paid for. I have nearly 50 pets and some I have yet to adopt. I think I am a large enough consumer to be able to properly use my product.

Now if you read the link to the other thread, ganz is refusing to give the consumer the product which was paid for and desired. They cannot refuse to give someone a wish token or exclusive item because they are repeat buyers who are repeatedly hit by a glitch the company at hand is responsible to fix.

We the consumer has the ability to act. Here is the action I think we must take. I'm not a lawyer but I know that something wrong is occuring. If you like my idea check out the link above I started to say what we would have to do to prove our case.

Thank you for taking the time to read my rant. (Please excuse all the spelling errors its late here and my brain is asleep)
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Old 11-07-2008, 12:16 AM   #2
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Default Re: Legal advice on Pet of the month problem

Webkinz World is an "as is" site. the purchase of your plush pet allows you access to Webkinz World for 1 year. Beyond that there are no guarantees on items received or not, whether or not WW works properly, there is not way to predict a server or programming error. It is written in the statement you agreed to when you joined WW. if you don't you don't get to enter WW. However if your just be patient and call they will return your call but a parent must speak for the account, they will verify your account transactions to be sure of the error and do their best to fix it. hope this helps
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Old 11-07-2008, 12:22 AM   #3
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Default Re: Legal advice on Pet of the month problem

Unfortunately, the product you are buying is not use of the site, but the stuffed animal itself. Online store items are truly at the buyer's risk because the user agreement clearly states that your account and the site itself are subject to termination at any time. Remember that disclaimer posted frequently:

"Webkinz World is "as is" or 'as available'. There are no warranties/guarantees either expressed or implied. Please refer to the User Agreement for full details."

And in the user agreement, under "Disclaimers," you can find the same information:

"THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WEBSITE AND THE GANZ MATERIALS ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND."

So no, there is no false advertising involved if a glitch with the Pet of the Month fails to give the appropriate item to the user. The user owns a stuffed animal pet, and that is what cost approximately $13-$15.

Edit: Whoops, I typed too slowly

Last edited by Rainribbon; 11-07-2008 at 12:33 AM..
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Old 11-07-2008, 12:23 AM   #4
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Default Re: Legal advice on Pet of the month problem

Oh I did get my POTM items they were in my dock when I logged in about an hour or so after I spoke to the Ganz/WW rep. she was veery nice and actually had to fix 3 accounts for us. she did say due to the POTM problem she suggested to not adopt till the 5th or so.
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Old 11-07-2008, 12:52 AM   #5
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Default Re: Legal advice on Pet of the month problem

I do agree that all of this is very frustrating. I am frustrated, too. I guess my perspective on the issue is this: When I buy a plush, I am getting something for my money - the plush pet. I also received a game when I purchased the trading cards. I received a pet carrier when I purchased those items, etc. Except for the e-store, all of my Webkinz World items have a real world item attached to it. So, really I am not out any cash (except e-store).

The other thing I am thinking is this: Ganz isn't purposefully or maliciously doing these things. I just think that problems are arising and they are doing their best to resolve them as quickly as they can. I think that the most frustrating thing about Webkinz World is that in order to use it, you need to use the computer. The computer in itself is an extremely frustrating piece of equipment, and is sometimes the cause of the problems on WW - not necessarily Ganz's fault.

I hope I helped a little bit.
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Old 11-07-2008, 01:01 AM   #6
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Default Re: Legal advice on Pet of the month problem

View Post Originally Posted by a3doglife
Oh I did get my POTM items they were in my dock when I logged in about an hour or so after I spoke to the Ganz/WW rep. she was veery nice and actually had to fix 3 accounts for us. she did say due to the POTM problem she suggested to not adopt till the 5th or so.
I have sent my email, I have called customer service with my troubleshooting pin and am still waiting for a call regarding my POTM issue. On the other hand, I did receive a call today from Ganz regarding my EStore Pharaoh Costume and they gave me both the correct head piece, but also gave me the robe. The individual I talked to was very friendly.

I do have a problem with Ganz suggesting we not adopt our POTM until the 5th, because we are missing the POTM clickz on the 1st and any other POTM activities that occur until we do adopt.
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Old 11-07-2008, 01:45 AM   #7
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Default Re: Legal advice on Pet of the month problem

This is off the front page of their own web site: What is Webkinz? Webkinz pets are lovable plush pets that each come with a unique Secret Code. With it, you enter Webkinz World where you care for your virtual pet, answer trivia, earn KinzCash, and play the best kids games on the net! Now, a consumer {you} BUYS something, which has value, to {supposedly} access the site. That is the primary reason the marketing from Ganz says to buy the plushes, not the plushes themselves. Also, since there is an actual product, and to get a service as well, there is a buyer/seller relationship and there are things promised, virtual or not, for buying things. Also, to those who say that you get the pet and that's enough, what about those things that are virtual only? What if you pay real money for a virtual item and don't get that? It's the same basic idea just a different way to getting the virtual item that is only available on the site, by being able to use the site. I am not talking about a knock off or delay or real glitch now and then, either; I am referring to those day in day out, every few minutes problems {not glitches} that continue on and on and on. To those who say waiting still gives you other stuff to do, so? You still don't get to do everything that you were SUPPOSED to be able to do, and you do NOT get the extras that are only extra BECAUSE you bought the EXTRA. That is, by the way, if you're one of the ones that can actually access the site and/or access for long enough to actually do anything on it. Their site advertising and their retail sellers' advertisers {given to them by Ganz} PROMISE certain things, regardless of what the site may disclaim, later, in small print -- that is more a bait and switch and so on because of their so called customer service and so on. I do agree that while a lawsuit may be unproductive {or at the very least long and hard} that Ganz does NOT want the negative publicity. I also suggest that those having these problems keep contacting them until they {the customer/you} are actually satisfied with the result{s}. I wrote them 12 times before they even bothered to respond, and even then it was the usual cookie cutter nothing-to-do-with-my-problem type response, but I am still writing them, and I will continue to do so {and will continue to talk about it} until they fix all the problems that the accounts are having. I have lost approximately 20,000 kc because of their so called glitches and that's not counting the problems with the site nor other items such as 30 plus never gotten raffles prizes from vacation and so forth. It is also not my computer, it is the site, because my computer is practically new but broke in enough, several browsers, have been using {and comparing} internet sites for years, and I used to be a computer tech and customer service {depending on problem/issue} so I am well aware of issues such as that as well. There is no excuse, more so when they KNOW that someone did not get what was promised. For those with the attitude that it's just virtual etcetera, then what is the problem with Ganz clicking a few buttons and giving someone those bytes and bits {you/customer} that they EARNED already. The 'as is' only covers the here and there true glitches, not problems that the site is aware of, ongoing, and they refuse to fix {while adding even more things that don't work}. Also, because of the fact that they have a customer service they are in fact liable to actually provide that service. Again, on the product buying being the animal, that is not true; their advertising expressly states that you are buying the plush TO ACCESS THE SITE, so that is what you are paying for {access and service of the site functioning so that it can be used}. Notice also they had to put in to the fullest extent provided by law, which means they don't have their legal ***** covered but they are trying -- they are still liable to give the service for which the customer has paid for, and that is the site usage not the plush itself. They have proven this time and time again by bringing out items such as charms {virtual only at this time, in fact} and figurines and ornaments which are being sold with the express advertising that they will do this and that and the other ON THE SITE.
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Old 11-07-2008, 01:57 AM   #8
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Default Re: Legal advice on Pet of the month problem

Yes, but you agree to accept the site "as is," as stated in their user agreement.

---------- SnoopysGirl added 3 Minutes and 5 Seconds later ----------

I guess my main point would be: is it worth the time and money to file a lawsuit? I think it sounds like a lot of trouble for little payback in return. Personally, I have been a little frustrated in losing KC or gems (I got logged out of my gem hunt today), but I can still access the site and play games and visit my pets. I can still have fun. You all make very good points, too.

Last edited by SnoopysGirl; 11-07-2008 at 01:57 AM.. Reason: Automerged Doublepost
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Old 11-07-2008, 01:57 AM   #9
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Default Re: Legal advice on Pet of the month problem

Yes...frustrating, but no.....false advertisement! Unfortunately if Ganz needed/wanted/had to they could complete cancel WW all together & we the addicts would be out of luck! It is a added option to be able to play on this virtual world, not a contract between us & them.
For the most part I think Ganz does want everyone to be happy, because that obviously makes them more $$$. Unfortunately with computers/internet & millions of people using these things daily there are bound to be problems that ocur. (Not just WW...all over the internet)
Is it still frutrating...Of Course, but we want to play so we endure it, hope they fix it, or we find other things to do. Hopefully your POTM problem will get fixed quickly! Just be patient & kind when speaking to Ganz...they usually are willing to help!
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Old 11-07-2008, 02:05 AM   #10
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Default Re: Legal advice on Pet of the month problem

Sorry, KeyLargo, there's a lot in your post In reference to computer problems: I wasn't suggesting every WW problem stemmed from the computer. I have just seen a lot of complaints on this website against Ganz for things that I am not convinced are their fault and are more likely the fault of the person's ISP or their computer.
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