Belated said:
If EA doesn't put age restrictions in the initial purchase description, they don't have a legal right to impose those EVER.
The problem with your rant is that they did put them in the initial purchase description.
http://marketplace.xbox.com/en-US/Product/Battlefield-1943/66acd000-77fe-1000-9115-d8025841097e?cid=search&DownloadType=Game
Click the "description" link and bam:
REGISTRATION AND GOLD SUBSCRIPTION REQUIRED. EA ONLINE TERMS AND CONDITIONS AND FEATURE UPDATES ARE FOUND AT www.ea.com. YOU MUST BE 13+ TO REGISTER WITH EA ONLINE.
And here it is on the 360 itself:
Notice that I accessed this screen WITHOUT buying the product. I still have to select that "confirm purchase" option to actually trade my MS Points for a copy of the game. I have not purchased Battlefield 1943 yet, and I am being told that I must be 13+ to register with EA Online, which is required to play (as seen in the above quote's first sentence, "REGISTRATION AND GOLD SUBSCRIPTION REQUIRED."). There is no scam going on here, it told you before you purchased that you need to be 13 or older. And I am not pulling any tricks here; here's a picture of what you see on a game if you have already bought it:
Thus, if your description of how "legal" things are is correct, EA does have the right to enforce this and MS does have the right to enforce the no refunds policy.
Belated said:
If he took this to court, I'd honestly say that he does have a case.
I'd honestly say that he doesn't, and that you don't know all the facts of this story yet.
Andy Chalk said:
I don't have Xbox Live myself so I can't verify the claims. D_987 says a statement indicating you have to be 13 or older to "register with EA Online," which for the record isn't the same as playing the game, is available at Xbox.com, but is the same information also available during the purchase process on Xbox Live? And if it is, but buried in section 27 of some EULA, is that kosher?
No, it's right there on the page. You can scroll through the text with the right stick to ensure that you read at your own pace and don't miss anything. It seems quite clear to me, registration is required and you must be 13+ to register.
[hr]
As far as I'm concerned, the dad should have paid more attention before making his purchase and isn't entitled to a refund because the information is indeed provided before you buy anything.