I would of thought if money has changed hands even if its just a deposit then there is a contract of sale and if thats what the customer was informed when putting the deposit down then it should be honoured. If no money has changed hands its a bit different.
I don't see why the OP should be criticised. He is happy to go with the sales contract originally agreed, its the store that is at fault. Clearly they made an assumption about what was included and mis-informed their customers. It's only reasonable the customer expects to get the goods as advertised. If you bothered to take this to the small claims court it would be an easy win for the OP if money has changed hands for a deposit.
I'm sure if anyone here bought a bluray player that said it came with 20 free blurays and it arrived without the free blurays they would be on the phone complaining about the missing blurays. When the retailer took the money a sales contract was formed which is as per the description they can't just say the 20 free blurays was a mistake or we ran out of the free blurays.
The guilty party here is game not x-SourApple-x
It is Nintendo though who changed the official bundles, the retailers like Amazon, Game, GameStop etc were updating their websites as the Nintendo announcement was being made, there is plenty of discussion & screenshots in the Amazon & Game forums of the information changing, even Game & GameStop put out announcements on their facbook & Twitter pages that NintendoLand was with every Wii U bundle, even Nintendo USA & UK said the same thing but 24hr's later Nintendo Japan went on & clarified that the two versions of the Wii U were getting different game bundles.
The retailers cannot do anything about it either, even if Amazon said NintendoLand is included with the Premium console & you ordered it, the order stands but you will receive the updated version with Zombi U, don't forget that the console & game will come sealed in the same box.
I don't know what people will do who have ordered the Premium version but do not want Zombi U, i am not sure many people will by the regular version of the Wii U either.
You have no legal rights in regards to this, because the included NintendoLand Premium bundle is not available, all this it Nintendo's fault not the retailer.
Nintendo have left it too late & this has lead to the confusion.
If you don't want Zombi U then just sell it, because it will no doubt be sold out anyway. or just buy the Normal Premium Wii U that comes with NintendoLand.
http://www.nintendo....ats-in-the-box/
Edited by alan666, 07 October 2012 - 02:44 PM.