Missing Pokémon Violet Pre-Order bonus (GAME UK) and disgusting customer service

Electro_Magnet

I pre-ordered the new Pokémon Violet from GAME.co.uk (online) on the basis of getting a pre-order bonus figure only available from them. GAME was not the cheapest place to buy the videogame, but I really wanted the figure. I've had bad experiences with pre-orders in the past so, expecting the worst, I took screenshots of every step of the order, which showed the bonus figure being in my order. GAME's website said all pre-orders would get the figure (screenshots taken). My order arrived today, but to no surprise, there was no figure - only the game.

While it might not seem like a big deal to some, I am completely livid about this. It's not the first time I've been let down with pre-orders. I ordered the item from GAME UK solely because of the pre-order bonus figure, and I would consider that part of the product I bought. To not receive it seems like false advertising. I have not received any communication to suggest that I will get the figure at a later date. As I ordered the item online, my first question is does not getting the pre-order bonus count as the item being 'not as described' based on Consumer Rights Act (2015)? (I would contend that it does as I understood this to be part of the purchase).

Further to this, I tried to contact GAME via their online Live Chat feature to establish why the figure had not arrived, but the live chat was closed on me by the assistant who said they didn't have time to deal with my query as they were being overwhelmed (I suspect due to this issue). As I was going to be in town anyway, I stopped into the physical GAME shop to - politely - ask about the figure and if they knew what was happening. The assistant who I spoke treated me with contempt, told me it was my fault because I didn't order sooner (no idea what this meant, there was no cut-off date for pre-orders shown anywhere that I have seen), that it wasn't their problem as I had ordered it online (I accept this point, but I wasn't holing my local store responsible, I just wanted to know if they had any information) and as I left the assistant chided me by saying it was a shame I wouldn't be getting one as they had 'loads of them in the back of the store'. It was disgusting treatment. The was no attempt at apology or even mild understanding, just scolding me for being an idiot (apparently).

Having done some research, I have found a post on the GAME.co.uk Facebook page which promotes the pre-order figure (it lists no cut-off date for pre-orders), I have used the Wayback Machine to see a cached version of the webpage promoting the figure (they have now changed their site so that the figure is not shown). As well as this I know that the figure was still being advertised on TV commercials last week. This is as well as all my own screenshots showing the figure being part of my order. 

Does anyone have advice as to how to tackle this, seeing as I could not get through on Live Chat and their staff in the store were awful and want nothing to do with it? My aim is to get the figure that should've been part of my order, and also, I found my treatment by the staff member in the GAME store absolutely disgusting. I shouldn't have to be chasing this company only to get what I paid for, and I feel some reasonable amount of compensation is in order (an apology for one thing, and perhaps a free gift, or a voucher). I am not the only one with this issue, I have already seen many comments on their Facebook page with angry customers who didn't get the figure, and I have several friends who pre-ordered the game and also don't have their bonus figure either.

Any constructive advice appreciated, thank you.

EBEZA

Hi, I'm in a similar position here, except I wasn't paranoid enough and didn't screenshot the website. The customer service chat person just keeps saying the pre-order bonus had been removed from the website on the 7th, but I'm sure it was still there when I ordered. When did you place your order?

DCFC79

Have you sent them a tweet about this on twitter ?

Electro_Magnet

I have been stung before with pre-order bonuses which weren't delivered, hence me taking screenshots etc on this occasion. 

I don't use Twitter - do they respond that way? I did speak to someone via their Live Chat and was offered £10 credit to my account, which I did not accept as this didn't cover the value of the figure, or the postage I had to pay to pre-order. 

@EBEZA I have spoken to Citizens Advice about this and been advised that GAME is in breach of contract under common law if the figure was advertised but not supplied. I was told the appropriate action is to send a signed-for (tracked) letter to their business address and state the outcome you wish for - I have said they either they supply the figure or provide financial compensation (more than the £10 I was offered as in-store credit). I have given them 14 days to respond although so far not received any outcome, despite sending the letter in November (which I know from tracking was received by them). 

I will be following up with Citizens Advice / Trading Standards and GAME in the New Year if no response is received, and taking appropriate legal action from there. 

Their address is:

GAME Digital
Unity House
Telford Road
Basingstoke
Hampshire
RG21 6YJ