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"Fair Use" policy for Unlimited DVD Rentals - Is this fair ?

Discussion in 'Blu-ray & DVD discs' started by FoxyMulder, Jun 8, 2005.

  1. FoxyMulder

    FoxyMulder
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    I currently use CD-Wows DVD rental scheme ( they use Lovefilm for their rental service )

    I got into this dispute because after returning 2 DVD's i found myself waiting not one, not two, but three days before my new ones shipped out and the reply from customer services which i include here made me realise they are actually using false advertising to sign up customers.

    Apparently we are all subject to a "fair use" policy, surely this contradicts the unlimited DVD rentals part of their scheme as how can you have unlimited DVD rentals and be subject to fair use policies, i now know they deliberately hold back sending DVD's as i have a queue of over 60 titles and after flying back over half a dozen strongly worded emails i finally got one back stating i'm subject to a "fair use" policy, but the thing is that the most DVD's i ever rented in a week was 5 titles although i returned within a week so technically it might go down as 8 ( if they had shipped them to me which they didn't )

    Here's some correspondence from them and some replies i gave em.

    :Their email to me:

    Thank you for your email.

    When you emailed us last week I did explain to you what was happening, this has not changed & this is how our service will continue to operate, when we receive your discs back our system will assign your next available dispatch date & that is when your next discs will be sent.

    Should you require any further information please do not hesitate to contact us again.

    Kind Regards,

    :My Reply:

    One more thing its been 2 days since the dvd's were returned and you have the nerve to only send ONE OUT to me, that is not the level of service i expect from any company offering dvd rentals under an unlimited banner, so basically let me be as polite as i possibly can and tell you to shove your rental service where the sun doesn't shine...... have a good day

    :Their Email to me:

    Thank you for your email.

    I am sorry you are unhappy with my responses.

    You have asked me how our service works I have told you exactly how this service works I have not fobbed you off I have given you the facts as they are.

    his is the service you signed up for & the service you are receiving, our fair use policy as explained earlier can be found here http://dvdrental.cd-wow.com/howitworks.php?SID=35d6469ec4aba5ea8060f1ad679319c6

    Should you require any further information please do not hesitate to contact us again.

    Kind Regards,


    :My Reply:

    this contradicts the very basis of unlimited dvd rentals and you are a hypocrite if you expect me to swallow such words. Fair use policy ? are u trying to say i am not using your service fairly ? what exactly do u consider fair service ? 3 dvd's a week ? i consider unlimited dvd rental to mean UNLIMITED and to hell with your fair use policy, this confirms what i originally thought and that is you are holding BACK sending dvd's until it suits you, that is breaking the law and isn't what i signed up for i am forwarding your emails and correspondence to trading standards and i will be cancelling my account with you after this month is up.


    There were several more but after i stated i was cancelling my account i just got a formal reply stating how to do it, if anyone works at the Trading Standards offices and loves home cinema then perhaps they can reply on this thread because i think deliberately holding back DVD's when you are on an unlimited DVD rental scheme ( and quoting "fair use" policy at the customer ) is abysmal service and surely this is breaking the law and the wording should be changed immediately to reflect the fact its not an unlimited DVD rental service and restrictions do apply.
     
  2. eviljohn2

    eviljohn2
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    So you're not happy about it then? ;)

    Which firms have a genuine unlimited rental policy?
     
  3. Member 55145

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    ummm, just incase you didnt know, most places are subject to a "fair use" policy, NTL, BT, etc etc

    Now im first to admit I hate false advertising and can get very boystrous in a shop if someone is pissing me off, but the way you were communicating with them is wrong, im surprised they didnt cancel your agreement and forward your "Harrasing, Verbally abusive" emails to the police, I would
     
  4. FoxyMulder

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    I was communicating very nicely to begin with but when they start giving you substandard answers you tend to get annoyed and for your information i am PAYING for their service ( if you can call it that )

    Most places might well be subject to a "fair use" policy but then most places actually tell you what that fair use policy is as in BT has a gigabyte bandwidth cap and tell you what it is, CD - Wow do not tell you exactly how many DVD's they allow per week before "fair use" comes into play and Unlimited means Unlimited last time i checked a dictionary.

    One last thing, harassing verbally abusive emails ? ummm i don't think so in fact where in my emails i am verbally abusing anyone ? you would have sent my email to the police ? oh yeh and u probably work for the police and harass motorists all day instead of getting out on the streets and stopping all the anti social behaviour we now see everywhere.
     
  5. Maff et1

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    Screen Selects terms and conditions don't imply a limit to unlimited - although they do state that if there is a delay in delivery then hard luck - fair enough.

    They do unlimited for 1, 2 and 3 disk packages, the 5 disk is limited to 20 per month (this used to be unlimited but they put the limit on about 6 months ago).

    When I first joined (nearly a year ago) I could (royal mail willing) get 2 sets of disks a week. These days its 1 set a week. Usually they dispatch new disks the day after they get yours back. I have always received atleast 1 set of disks a week and have never felt it to be bad value.

    I am happy with their service, and their customer service when I've needed to contact them.
     
  6. Member 55145

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    that would constitute abusive behaviour, and they already stated that they had answered your question. going off on one wont help and is a form of bullying, esspecially to the extent you have "chosen" to show.

    but on another note, if you dont like their service go elsewhere, im sure they have plenty of customers to keep them happy and you have plenty of other rental stores to keep you happy.

    Personally I dont see the point in renting when you can buy most dvds for 5-10 quid now and you dont have to pay any postage and keep them for life
     
  7. FoxyMulder

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    I disagree with your assertion that telling a company which falsely advertises unlimited rentals that they can shove their service is abusive behaviour and would lay claim that i am actually being pretty polite given the circumstances as despite the fact they "claimed" they had answered my questions they still have not declared how many DVD's per week are allowed in their unlimited "fair usage" policy, maybe you want to "buy" DVD's rather than rent but the reason i am now renting is because i own far too many DVD's which i would not have bought if i had first viewed them.

    As for your claim that "going off on one is a form of bullying then may i ask what you consider a standard reply telling you "fair usage" is being applied and you must abide by "our terms of service", isn't this a form of intimidation by said company designed to stop any further complaints or perhaps you see things differently, as you obviously haven't applied much thought to this as my thread is entitled "Fair Use" policy for Unlimited DVD Rentals - Is this fair ? it isn't about my emails to the company its asking a very valid question, so how can a company justify advertising a product as unlimited and then throw a spanner into the works by bringing up fair usage, this term contradicts the unlimited part of their service.

    Finally i find it interesting that you seemingly have a little pop at me for the way i wrote my replies to this company but have nothing negative to say about the companies policy and advertising of unlimited rentals, could it be you have a personal interest in all of this and if not then why take the stance you have, i ask this because you even state in your first post that you yourself have been ****** off in a shop and gotten a little "emotional" indeed the only thing you can pick fault at me for seems to be the fact i told em to shove their service up their behind after countless emails i told em to do that yet you pick apart me for this and not the company hmmm, certainly makes me think.
     
  8. Marc

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    unfortunately it seems that "unlimited" is now just another buzz-word companies use to reel in the customers. Personally i'm P'Oed about the so called "unlimited" broadband which i can only use for 1 hour per day at full speed before i break the T's and C's :smashin:
     
  9. betamac

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    For about £15 a month you can rent about 10 - 16 DVDs

    To buy that many even at £5 each your looking at £50 - £80 and theres no way you can buy NEW releases at £5 each more like £10 - £15 So your looking at £100 +

    So you save a fortune renting not to mention some people dont want to watch a film over again

    I dont rent but people use it as you save ALOT of money over buying
     
  10. Member 55145

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    FM do you really want me to pick apart everything you just said?

    I have no interest in that company as i see renting dvd's pointless and am surprised they are in business.

    I picked out the stuff you said because the terms you used, you are in a contract with them where they call the shots.

    I dont get emotional with shops, I do use fowl language but not directed at them or their company.... which apparently makes it alright and there only entitled to tell you to leave, but if i tell the people behind the desk to get ****ed, thats abusive towards them.

    and betamac, you bring a good point, but if they really watch that many dvds.... i think they need to get a life lol. even if they are stuck with kids they can still do other stuff
     
  11. FoxyMulder

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    You already did pick what i said apart and you are now insulting people who love watching films.
     
  12. Marc

    Marc
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    cock a doodle dooooooo
     
  13. pjclark1

    pjclark1
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    CHICKEN!
     
  14. PJTX100

    PJTX100
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    Spot on Beta.

    I rent 6 films a month from Amazon, 9.99 so just over £1.50 a shot.

    Couldn't watch more in a month so this is perfect for me, and saving me quite a bit of money.

    And, though I've enjoyed most of the films, not one would I want to watch again.

    ...PJ :)
     
  15. Wolfman310

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    I used Tesco for a bit, and they say as soon as they get one back, they send out the next one, they were excellent.

    My dvd player broke so i knocked it on the head, but when i have a new dvd player, i will be back with them for sure.
     
  16. greyhorse

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    I have been with Tescos over a year on the 3 disk package and its gone very bad in the last 4 months.

    I used to watch at least 3 films a week now Im lucky to get 3. They hold off sending films for a day or more, then state they have sent them but allow 2-3days for the postage. They no longer work weekends.

    It stinks !!!!
     
  17. Bertz99

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    Hi All,

    Like it seems everyone else I started with a fantastic service from lovefilm. I wondered if anyone had the precise date that this throttling came into place?

    I also consider them to have deliberately mislead me and falsely advertised also and decided not to give them my new credit card details as consider them in breach.

    History:
    One glitch in January which I emailed a query asking why they had not sent me out any discs and got this reply:
    Following this advice I never had less than 30 titles in my queue. But my service slowly diminished. From looking at all the forums I see most have had throttling applied with Lovefilm not receiving. In my case this was not so - they received but stopped sending them out to me, sitting on my account for days so I queried them politely again and this time got this reply:

    Looking through the small print I saw this was now a term that had been added. However, sitting on discs - sending one at a time had actually downgraded me to nearly 1 unlimited whilst I was paying for 3. (they would receive back 3 then wait 3 days before sending 1 then another day at least before the next). Realising this was not a reputable company and having introduced someone else I had 6 weeks to run before my next billing date - so kept taking brief payment holidays to gain the service I had paid for (realising their cancellation terms were loaded in their favour to cost you to cancelling)

    However, under their terms and conditions they quote the following point:
    I received no such notification that they were going to charge me 3 unlimited but supply 2 (if being generous).

    Digging through their website I also found these references:

    From How the service works
    that did not occur

    From Top 10 Facts
    From Customer Testimonials
    "Extremely rarely received top ten except first week - to such an extent I would randomise my list as a better chance in getting the films I wanted"

    Anyway - from myself I always stayed polite (having been a customer representative when telling someone to shove it where the sun don't shine you have already lost and anyway it is not the persons direct fault - he/she is being paid to do what he is doing even if he/she agrees or not) - but every query raised to them has been ignored with a standard response and now I am awaiting the game to begin with challenging their debt collectors as they believe I owe them one month (although they charge in advance) but as stated I believe they are in breach with clearly false advertising.

    Any legal viewpoints out there??
     
  18. pjclark1

    pjclark1
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    I think Lovefilms are great.
     
  19. pags payback

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    In answer to the original question no their fair use policy isn't fair & they are all breaking the law in my opinion. None of them deliver "unlimited" as they advertise which is exactly what they should deliver whether it's fair or not to the company. If they want to cap the numbers they should say you're only allowed 15 or whatever then you know where you stand. At least that way you could watch them whenever you wanted rather than waiting for days on end with no DVDs as they hold on to them for several days before sending more discs.

    As for recieving "top titles" I hardly recieved any what I call "top titles" or new releases from screenselect. Sure I recieved from my catorgory 1 list, some of the time, but I didn't see many films I really wanted to see most. I even tried reorganising my list in a vain attempt to see new releases by moving them into other catergories, to no avail.
     

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