This would be an extreme case. If there was a retailer who wouldn't cancel a paid preorder for this thing I wouldn't use them for any type of purchase ever. I am not going to knowingly support a business that would do that and I don't give an eff about anyone's laws regarding it.

So this is all hypothetical then? Did anyone actually pay for a preorder on this thing?  

 

But you didn’t preorder based on a product shown, you preordered based on an early render.

I’m not saying retailers shouldn’t refund you, I’m saying your argument that you are entitled to a refund, thus they are obligated to give you one, is not true. They are only obligated to give you one if their preorder policy states it, which you agreed to. And if their product page or preorder policy states that products can change from the image shown at the preorder stage to final production then you willingly accepted you might not get the exact toy you hope the final product to be, when you preordered a toy that hasn’t even been sampled yet.

That’s the risk of preordering off of a render versus preordering a final product with actual images if the final product.

 

I thought it was cause there was a bunch of differing and awful quality issues. And like there was no smoothness to the transformation.

Isn’t the tank mode kinda trashy and over detailed along with all the panel lines on it? Plus that jet mode is still kibbly. FT actually seems to have figured a loophole around it which is actually one of the big reasons to get it. And that backpack was pretty bad. But so is FT.

 

So an accessory is more important than the figure itself? Interesting... You can take a faithful G1 reveal and turn it into some updated take on the character essentially making it a different toy and that's fine...but if they say it comes with 3 guns but they scrap one of guns nobody (but you) cares about...THEN you have a valid reason to cancel. Personally, I think you should be able to cancel if that stupid gun was important to you...but how nobody else has a case despite the main purchase completely changing...I don't follow the logic.

Just off the top of my head...anyone that's already purchased off eBay, no? If they were silly enough to do so... Or anyone that ordered through Captured Prey...it's 'sold out' there.

I'll go as far as agreeing that you shouldn't order through shitty retails that would hold you to that preorder.

 

The accessory is just an example of a feature that is being sold specifically. That’s not hard to follow. If the retailer lists that the toy includes specific features, such as an accessory (just an example) they are beholden to those features. If the retailer lists it’s a triple changer but then it turns out it doesn’t even transform, then the retailer has sold you on a feature that doesn’t exist. Arguments are not dependent on specifics; you can make hypothetical examples, like an accessory, that is an easily understood point that can also project to other ideas without having to specifically define every possible option.

But is the retailer guaranteeing the exact design of the render? Of course not.

 

You dont have to tell me mate. I caved and bought Ditka sometime in 2018 (actually my girl bought him since blitzwing is like one of her Favs). I just couldn't deal with his continuous falling over and shelf dives! I couldn't get screws on one leg to come off, so one leg go fixed and the other was still floppy. It helped a little but i still decided to part ways with it...she refuses to order me any future Transformers

 

It did. I adressed that one of my legs had bad screws and i could only fix one leg when i had ditka. But also the screw fix came a few months after the initial release of the figure. For people who purchased it early on having a figure with bad knees probably was a rather irritating problem.

 

So what if a retailer lists "3rd Party Blitzwing" and they show a picture of Ditka. You buy it and they send you Gewalt. Do you have the right to send the shit back? By the letter, they sent you a 3rd Party Blitzwing...

Basically, I'd be willing to bet, IF (the big fat kind) you had Paypal protection, Paypal would side with you if you said you ordered what was pictured and they sent you something else...regarding the FansToys product, not the scenario above...well, really in either scenario. The flaw in that, though, is your Paypal protection already lapsed a year or two ago by the time this bastard comes out.

And PS, I mostly just like to argue. If I wasn't having fun, I'da given up already and just said agree to disagree.

 

While technically right, any seller with even a little integrity should give a refund if item is in this state (redesign with no potential release date and is 2 years past due). Fans toys should do same to retailers if requested.

 

I agree but it wasn’t the conversation. The conversation was about what the customer was entitled to/retailer obligated to.

 

But you are making bad arguments.

When you buy FT Beserker that is a specific product, not a general idea of an 3P Blitzwing. Whether another company has a character based on Blitzwing doesn’t mean the individual products are interchangeable.

Your example also is about a retailer making a mistake. If the retailer lists FT Beserker but includes pictures of DX9 Gewault, which reasonably leads you to believe the DX9 image is the FT toy, that’s a retailer mistake they would be obligated to correct. That in no way relates to the situation at hand.

Let’s use TFS’s product listing as an example. It doesn’t even show a toy, it shows a gray render. Any argument that a customer could make that they were being sold a specific toy based on that image is nonsensical, unless you truly wanted an all gray figure.

The only aspect of the toy TFS is obligating themselves to, if they take your money, are the below product details. That’s the contract right there. If it turns out to be made of styrofoam and is only 4” tall, then they would have to return your money. Nothing about the image render are they obligated to. It’s why toy packages give the disclaimer “products may vary from images” but always specific explicit features. The features are what are being sold and what the product is obligated to deliver.

FansToys FT-21 - Berserk

PRODUCT DETAILS
Berserk stands 24.5CM/9.7" tall and has three modes, transforming from robot to tank to battle plane and back! Made of ABS plastic and die-cast parts.

 

Got screwed over by one of those sellers on eBay. They like to drag things out pretending to work on any issues and as soon as feedback is no longer possible for you (timeframe) then they just stop responding and never did anything. Heard on other threads that’s how this person keeps their feedback ratings high. If your item arrives good then great, if not your screwed.

I won’t mention the seller was Loontentoys though.  

I stick to baba now. Has been awesome seller.

 

I don’t give sellers leeway on eBay. I’ve had two issues in the last few months and after three weeks put in disputes. One came through with a replacement part the other eBay issued a full refund.

 

And when a product is shown, but changes significantly, it's not really the product you were sold...even if it keeps the same name. If I sell you a MP Sideswipe, but then draw a big dick on the hood, you're not getting what was agreed to even though I sent you MP Sideswipe. What's letter of the law, I don't know...but like I said, if you have Paypal protection in place, I bet they'd favor you as the buyer if you were sent something drastically different than what the original listing looked like when you purchased.

Ultimately, it's probably a moot point. It's likely going to look similar enough to what they previously showed. But then again, let's say they got rid of the G1 accurate jet mode option, and that was important to me, I would think I'd be entitled to cancel my order if I already placed one.

 

Yes, if an actual product image is shown with the intent to represent the final product and then it comes with a significantly different design scheme you have an argument that the product is not what you thought you were buying.

But you probably don’t have an argument if it’s an aspect that changes that doesn’t change the toy in a significant way if all they present is a render.

There’s a big difference in what is being represented and no reasonable consumer can argue they thought an obvious render was the final product, as opposed to an actual product photo which a reasonable person would assume is the final product.

 

^Sorry, no help unfortunately......

 

No worries. Thank you.

 

Totally. I buy on a budget so I pay when I have the money. Ordered and paid for through Toy Dojo, back on 8/31/17.

I can wait.

 

I also have a pre-order on this guy. The price has gone up substantially at that retailer so I'm happy to wait until it comes out, as I'll get it at quite a discount from the rest of you schmoes...  
That is, if it ever comes out...