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David Low
04 Nov, 2006

PALGN's Rumour Harvest - Special Wii Edition

Wii Feature | We get to the bottom of some pesky Australian Nintendo rumours!
PALGN's rumour harvests have been on hiatus recently, as we have moved to the more timely format of posting rumours as single news items. However, there have been a few large rumours surrounding the upcoming Australian launch of the Nintendo Wii console, primarily because of Nintendo's often deafening silence on the issues. We've used our industry contacts to dig a bit deeper on a few of the larger mysteries, and present to you the findings here, in this one off PALGN Wii Rumour Harvest!

Well, on with the show!

Rumour #1: 'Free game' with Toys R Us Wii pre-order will be Ubisoft's Open Season.

What we've heard: Earlier this year, Toys R Us started taking pre-orders for both the Nintendo Wii and the Sony PS3, both with the offer of a 'free game' at launch. Many people were skeptical of this – how could they possibly take pre-orders so early? Sony had promised a 2006 Aussie launch of the PS3, but there was no guarantee that the Wii would be released in Australia this year. More to the point – how could they possibly offer a free $100 game with a $399 system? It would be a huge discount, and when Wii Sports was announced as a pack-in, many assumed that it would be the 'free game', even though it was free everywhere else, pre-order or not.

However, in recent weeks there have been multiple reports of customers who asked for some clarification on the deal, and were told by Toys R Us staff that the free game would not be Wii Sports, but would in fact be a free Wii game of their choice. Since most people who pre-order a Wii will be of the more hardcore variety of gamers, and there is a clear #1 game to be purchased with the Wii, it's not much of a contradiction that some Toys R Us employees have simply stated that Zelda: Twilight Princess will be the free game with a pre-order. With these revelations, witnessed first hand by PALGN staff members, the Toys R Us pre-order started to sound like an incredible deal. Yet there still had not been confirmation in writing of this deal, just the vague promise of 'a free game'.

Then, about a week ago there was quite a stir among forum-frequenting Australian Nintendo fans. Some Toys R Us employees had started telling customers that there would not be a choice of free game, and that the game would not be Zelda, but the Ubisoft movie tie-in Open Season. In our research, several stores maintained you could have Zelda, but at least a few have said it will be Open Season. This made little sense – it's still a full price retail game, and while it may have some appeal to parents and kids at Christmas, it's a game that far fewer of the pre-order types would want. It didn't help that Toys R Us ended the original deal and started a new package deal which comes with and extra Remote and four games for $729, including both Open Season and Zelda!

Well, we have now confirmed with the Toys R Us head office that it is true, and the free game is officially the Wii version of Open Season. We're not exactly sure where people who pre-ordered with a verbal promise of Zelda now stand, but that's the official line from the company.

Verdict: True.



Rumour #2: Wii component cables will not be available in stores.

What we've heard: The Gamecube was originally built with a high quality digital video-out port, allowing it to output an extremely high quality colour picture. However, despite having a better video out port then their competitors (unless you count the Dreamcast's VGA output), Nintendo chose to only sell component cables through their own offices in most countries (including Australia), and as a result the feature was so under-utilized by customers that the port was dropped from later models. So when it was revealed that the Wii would ship with a composite video cable, many feared Nintendo would be repeating the same offence and we would have to wait for the mailman to get the superior colour definition of component out. Indeed it seems to be the case in the US that while they are not only available from Nintendo themselves, Wii component cables will only be available via online stores such as ebgames.com.

On Thursday Nintendo Australia confirmed on their website that component cables will be available at launch, with no mention of them being a mail order product. Although the price is a bit steep at SRP$49.95, if they're anything like the official Gamecube component cables they'll be extremely high quality. However, recently certain 'online only' Nintendo items have actually turned up in stores, such as the DS Wi-Fi dongle, which has been available at Myer and Electronics Boutique. There have been rumblings that the Wii component cables will be available in Electronics Boutique stores at launch, but we don't yet have 100% confirmation.

Verdict: Undecided. Wii component cables will be there at launch, but we're not yet sure if they'll be in stores, or which stores. Check back with us later for an update!



Rumour #3: Super Mario World, Zelda: Link to the Past coming to Virtual Console at launch.

What we've heard: Nintendo has recently submitted several classic games to the Office of Film and Literature Classification (OFLC) for classification purposes, including Super Mario World and Zelda: Link to the Past, and many took these submissions (among others) to mean that these games would be available at the launch of the service in Australia. Nintendo recently announced the Virtual Console launch line-up, and both these games are absent form the list. It seems Nintendo will be 'virtually' stockpiling VC games by submitting them to the OFLC well before releasing them on the service. For those with too much time, watching the OFLC website may be a way to get a sneek peek at which VC games may be coming in the future.

Verdict: False, but they may be coming soon.



Rumour #4: The Gamecube version of The Legend of Zelda: Twilight Princess will be released exclusively through Electronics Boutique stores in Australia.

What we've heard: While not strictly Wii news, there has been plenty of rumination on the legacy Gamecube version of the latest Zelda. At E3, Reggie promised that the game would be released on the same day for both Gamecube and Wii, and although the 'Cube version has been pushed back a couple of weeks in the US, it's still scheduled for a regular retail release. This was followed by the revelation that the game would only be released online in Japan, but would see a regular retail release in Europe. But what of little old (young?) Australia?

Some rumours spread on local boards that 'Cube Twilight Princess would be released in Australia, but in extremely limited quantities and exclusive to Electronics Boutique stores. While Nintendo would not comment on this rumour, Shane Stockwell, buying director for Electronics Boutique Australia, has confirmed to us that they have inked a deal with Nintendo to exclusively distribute the 'Cube's last harrah in this country. While it may seem odd that Nintendo would limit a potential hit game's sales by selling it through only one channel - and, it must be said, a channel that has been quick to throw Nintendo products to the back corner of the store, even when they sell well like the DS. However, the Gamecube has sold very poorly in Australia compared to it's sales in the rest of the world – Gamecube games still regularly make the US all-formats top 20 chart, yet in Australia, the Xbox 360 hardware has already sold 2/3 of the Gamecube's lifetime total. In fact, based on the timely launch, success of the DS, and current hype, it's highly likely the Wii will have outsold the Gamecube in Australia within a few months. So 'Cube Twilight Princess is lucky it's getting released at all in the land down under.

Verdict: True.



Well there you have it. Hopefully this has cleared up a few issues for potential Wii buyers as we approach launch. If we come across any more juicy gossip, we'll look into it and report it right here on PALGN.

Related Content

Iwata on the Wii's success
06 Sep, 2007 "No big publishers expected Wii to be number one"
Australian Wii launch details revealed
15 Sep, 2006 AU$399.95, December 7th.
Nintendo USA conference summary
14 Sep, 2006 Full event recap.
68 Comments
5 years ago
Can I ask anyone who is angry about this to call their stores and complain?

In many cases, there was a binding contract. The terms were often verbally agreed to; I for one was told I could pick ANY launch game and so i gave them my money.

Ring and rant, and hopefully if we voice our displeasure the crappy decisions they've made will be altered, or at the very least, we will let them know we don't frickin' accept it.
5 years ago
Toys R US Wii Family Pack Deal:

Reserve your Nintendo Wii Family Pack today with a $50 deposit and receive a Zelda - Twilight Princess Game FREE at launch.
Zelda Family Pack includes:
- Wii Console (incl. 1 Wii Remote)
- 1 Additional Wii Remote
- Wii Console Bag
- 5 Games (including Zelda game)
PLUS $400 Worth of Gaming Savings Coupons!
Wii Launches December 7, 2006!

---
I wonder how much that's gonna cost? It looks like a good deal.
5 years ago
It's $729 I believe (or perhaps it was $749, but I'm pretty sure it's $729).
5 years ago
That costs 729 dollars apparently.

The games are Rayman, Open Season, NFS Carbon, Zelda and smething else I forget already!

This deal is bogus - i'm going into Toys R Us to talk to the manager - I entered into a verbal contract which is f'ing binding.

I was promised a game of my CHOICE at launch. They seriously can't get away with this - all it would have taken is for them to put a disclaimer on the receipt they gave you which says 'a free game - game to be determined TBA'.

But they didn't do that - instead, they misled and deceived people in order to get their money.

Many of us were promised something and gave consideration (50 freakin' bucks) in return. Bang - pretty much a contract.


Everyone who has ordered, please ring TRU and explain your position...this shouldn't be tolerated. If they didn't know what they were going to offer they should have made it clear - they can't go changing terms of an agreement like this whenever they feel like it.
5 years ago
^ The 5th game is Wii sports. So really it's 4 games.
5 years ago
sidzed2 wrote
That costs 729 dollars apparently.

The games are Rayman, Open Season, NFS Carbon, Zelda and smething else I forget already!

This deal is bogus - i'm going into Toys R Us to talk to the manager - I entered into a verbal contract which is f'ing binding.

I was promised a game of my CHOICE at launch. They seriously can't get away with this - all it would have taken is for them to put a disclaimer on the receipt they gave you which says 'a free game - game to be determined TBA'.

But they didn't do that - instead, they misled and deceived people in order to get their money.

Many of us were promised something and gave consideration (50 freakin' bucks) in return. Bang - pretty much a contract.


Everyone who has ordered, please ring TRU and explain your position...this shouldn't be tolerated. If they didn't know what they were going to offer they should have made it clear - they can't go changing terms of an agreement like this whenever they feel like it.
I'm fairly sure they'll let you change / cancel. If they don't let us know and we'll get on to them.
5 years ago
Thank you James, but I don't know if cancelling my order is what I want to do...

As far as I'm concerned, they made statements which were sufficiently promissory in nature, and I gave them my cash and therefore what you have is a binding verbal contract. There is no disclaimer on their advertising materials (which i have a copy of) and therefore I don't know if they have a leg to stand on. I'm not sure though. I have complained to consumer affairs in Vic and hopefully they will get back to me.

If an incorrect price tag is on a game at a store, they are supposed to give you the game for that price (by law) even if it was just a mistake. Now I was told I could have a game of my choosing. TWICE (once in person, once on phone). I'm pretty sure the same principle applies, but hopefully consumer affairs can assist me.

If anyone else wants to email them, go to

http://www.consumer.vic.gov.au/CA256EB5000644CE/HomePage?ReadForm&1=Home~&2=~&3=~


...and send them an inquiry, or call them. Let's see what they have to say before we go marching into Toys R Us and harrassing some poor sales girl or guy who has no idea.


If anyone can point me to nay legislation that clearly shuts me up or puts me in my place, let me know.
5 years ago
sidzed2 wrote
As far as I'm concerned, they made statements which were sufficiently promissory in nature, and I gave them my cash and therefore what you have is a binding verbal contract.
In traditional contract law, no. The 'contract' was never binding upon you, and as such it would be impossible to make it binding upon them at the same time. I don't know how or if the TPA adjusts this in the case of businesses (perhaps misleading & deceptive conduct?) but as I said, it wasn't binding for one party so no, you didn't have a contract. If you want more info I'll have a dig around later on and see what recourse you may have (the more educated you sound about the matter when arguing with TRU staff, the better chance you have of reaching a favourable conclusion).
5 years ago
You're right about traditional contract law Spanca, thank you for your help.

However I think you rightly acknowledge that in consumer law there may be different applicable principles. I am very unfamiliar with the Trade Practices Act 1999, but as you say, there may be a case of Misleading or Deceptive Conduct.

If a game is advertised at an incorrect price on the shelf, is the store not compelled by law to offer the product at that price, even if the label is just a mistake?

My gut instinct suggests the principle is applicable to repeated representations made by store staff, and the fact that the ad materials and coupon/receipts that TRU provided me were totally lacking any disclaimers or terms and conditions which would allow them to back out.


Hopefully consumer affairs can help. All this for freaking Zelda - the real problem for me though, is that my girlfriend bought me 200 dollars worth of TRU vouchers to pay off the Wii!

So even if I cancelled my order, i'm stuck with 200 dollars of non refundable vouchers which were only bought in reliance of this supposedly great deal.

I'll post whe/if I hear anything.
5 years ago
Spanca your analogy of the situation is crap, a more accurate one would be:

you were expecting a BMW and then you were told "sorry we cant give you the BMW but, you can have this car that when you look at it, your head will literally explode"

You see my analogy is far better, because i was offered my pick of any launch game of which i would have picked Zelda, and thus it would have been smooth like a BMW but this was not delivered and i was told i would get open season, this is the game that when i put it in my Wii my head will literally explode. icon_razz.gif so HA! you can do anything with an analogy.
5 years ago
Your post just made my head explode.



icon_razz.gif
5 years ago
I don't know what analogy of Spanca's you're referring to Wii Man, but if you refer to his summation of traditional contract principles, I think he is right.

Now, what is legal and what is 'fair' are completely different things.

I would think TRU would honour their agreement to satisfy their customers - if enough of us voice our discontent civilly and firmly, I think we might be able to get them to come round.
5 years ago
I'll probably be heading down to TRU in the next few days - I will post to let you know what consumer affairs and TRU have to say. Goodbye for a few days icon_wink.gif
5 years ago
Yeah, I'm gonna head down to Toys R Us in the coming week also, and cancel. Then pre-order at Myer. Atleast GT Pro Series 2 might get some sort of play time. As well as the free wheel.

Never buying anything from Toys R Us again, such a bad experience.
5 years ago
legend166 wrote
Yeah, I'm gonna head down to Toys R Us in the coming week also, and cancel. Then pre-order at Myer. Atleast GT Pro Series 2 might get some sort of play time. As well as the free wheel.

Never buying anything from Toys R Us again, such a bad experience.
Is that deal still on for MyerOne members where they get GT Pro?
5 years ago
sidzed2, from my knowledge there were no pre-order agreements prior to them announcing it. The pre-order ticket merely stated that you would receive a 'free' game and never mentioned what game. And I'd imagine that the confusion came since Toys R' Us will be having two different deals.

It's a case of poor management of staff if anything.
5 years ago
Luke wrote
Is that deal still on for MyerOne members where they get GT Pro?
It ends on Decemeber 2nd, and if you're a Myer One member you get GT Pro Series + Wheel on top of the vouchers.

I've heard that the vouchers consist of at least 1 of 20% off when you buy 2 Wii games and I think there's a few $15 off games/accessories as well.

http://www.myerone.com.au/myerone/downloads/Wii-voucher-final.pdf

I'm going to Myer in the city on Friday to preorder, then I'll head to TRU and get my $50 back. Don't want to get to Myer and find out they've reached their preorder limit having cancelled my TRU preorder.
5 years ago
Ok my understanding of the legal aspects of deposits is as follows:

Ordinarily, if the purchaser terminates the contract prior to performance (ie you showing up on launch day and TRU selling it to you) then the vendor is allowed to retain the deposit. However, in this situation, given that TRU have screwed around with the terms of the contract, you would be allowed to recover that deposit. In short, normally the vendor would keep your money, but as they've stuffed around and altered the terms you would not be held to be in breach by not following through with the purchase.

As I said above, the Trade Practices Act may (and probably does) alter how this works in effect. Above is just the law applying to deposits operating outside the scope of the TPA. I don't know enough of the act, nor do I feel like/have enough time to bother flicking through such a massive piece of legislation to find the relevant sections (sorry, but I haven't got a preorder there so I just don't care enough).

If I had to take a stab, I'd say Mark was right in that it's just a case of poor staff and management. You're not at a loss in this situation as you can simply reclaim your money.
5 years ago
bradc1988 wrote
It ends on Decemeber 2nd, and if you're a Myer One member you get GT Pro Series + Wheel on top of the vouchers.

I've heard that the vouchers consist of at least 1 of 20% off when you buy 2 Wii games and I think there's a few $15 off games/accessories as well.

http://www.myerone.com.au/myerone/downloads/Wii-voucher-final.pdf

I'm going to Myer in the city on Friday to preorder, then I'll head to TRU and get my $50 back. Don't want to get to Myer and find out they've reached their preorder limit having cancelled my TRU preorder.
Thankyou SO MUCH! icon_smile.gif
5 years ago
I could see from the start that the Toys 'R US deal wouldn't be all that good. Cube Zelda might end up being somewhat rare in Australia, while the Wii version will be abundant. One thing I can say is, having now played the Wii on Saturday, it lives up to its hype. icon_smile.gif
5 years ago
I'm just going to rock up at TRU and tell them what game I want. They will do it on the spot.

I wonder....there were quite a few names on the preorder list. Are TRU still taking orders? How do they know how many consoles they are getting? I had better damn well get one on launch day.
5 years ago
I'm not so sure about you guys just writing our legal position off - you may well be totally right, but I wouldn't be too hasty.

I was the very first pre-order down at TRU at Chadstone, and that was a pre-order agreement, not just an advertising coupon. I'm pretty sure it is misleading and deceptive, but hey, we'll see what consumer affairs says.

In any case, i'll keep my order there and order somewhere else - on the night i will rock up and kick up a quiet fuss, stating my viewpoint and why they should give it to me - hopefully with enough determination they will do what is fair.
5 years ago
admeister wrote
. One thing I can say is, having now played the Wii on Saturday, it lives up to its hype. icon_smile.gif
This is coming from you. icon_lol.gif Well hope you enjoy your wii (pun not intended).
5 years ago
Yeah, Myer now have the best deal icon_biggrin.gif, it would be good to know what all the vouchers are in advance.
5 years ago
Question for those who did the TRU preorder - did they give you the little slip with the barcode and receipt for you to hang on to, or did they keep it?
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