JB Hi-Fi, EB Games Are Offering Refunds For Cyberpunk 2077 [Update]

JB Hi-Fi, EB Games Are Offering Refunds For Cyberpunk 2077 [Update]
Image: CD Projekt Red

Just like No Man’s Sky and Fallout 76 at launch, Cyberpunk 2077 has found itself in the hands of many unhappy console owners. And reading the writing on the wall, retailers are starting to offer full Cyberpunk 2077 refunds.

This story has been updated with comment from CD Projekt Red and the Australian Competition and Consumer Commission.

Several users have reported successfully refunding their copies across social media, including the Australia sub-reddit and the Whirlpool forums. Not all users have been fortunate — at least one user said JB Hi-Fi staff refused to refund their copy if the game was opened, as the store wasn’t responsible for the quality of the game. (But as we saw with Fallout 76 and EB Games, that excuse doesn’t really fly under Australian consumer law.)

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The move by local retailers makes sense, given platform holders are starting to offer full refunds internationally. Sony, Microsoft and Steam have all begun offering refunds, while users reported that GOG support staff have provided in-store credit or a refund of the user’s choice.

Cyberpunk 2077 Is Looking Rough On PS4 And Xbox One At The Moment

I’ve spent an hour playing Cyberpunk 2077 on Xbox One, and it hasn’t been pretty. Sometimes it’s been straight up ugly. Based on screenshots and footage other people are sharing online, I’m not alone.

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My own advice: if you got knocked back for a refund the first time around, have another go. Remind them that other stores are offering refunds, the platform holders are offering refunds, and if things get a little sticky, also remind them what the ACCC thinks of it all. I hear their record defending refunds in court is pretty good.

For good measure, I’ve contacted the ACCC for comment and a statement on what people should do if they’re shot down for a refund. Chances are that won’t arrive for a day or so, but when that comment arrives, I’ll let you know.

Update 7.20pm: CD Projekt has just issued an apology for the game’s state on last-gen consoles, and recommended users use their respective platforms’ return policies if they’re unhappy with the performance.

Update 15/12, 12:10pm: An ACCC spokesperson has also replied with a statement and suggestions for any users who wanted to refund Cyberpunk 2077 but were running into difficulties.

When a consumer buys a product it comes with automatic consumer guarantees under the Australian Consumer Law. For example, when a consumer buys a product, the seller guarantees that it will be of acceptable quality. This means that the product will be safe, durable and free from defects.

If a consumer has purchased a product that has a fault which amounts to a major failure, the Australian Consumer Law provides them with the right to ask for their choice of either a repair, replacement or refund. Sellers cannot exclude or misrepresent these consumer guarantee rights in their refunds and returns policies, or in their product warranties.

If a consumer has purchased a product that is not of acceptable quality, and that product has a major fault, they should:

  • Contact the seller as soon as possible to explain the problem and the outcome they want (a refund, repair or replacement). It may be best to do this in writing so the consumer has a record of their request, particularly if the seller has already rejected the consumer’s request for a refund in person or over the phone.  

  • Explain to the seller that their consumer guarantee rights apply irrespective of store policy or product warranty, if this is being argued by the seller to deny a remedy.  

  • Make a complaint to the ACCC or their local state or territory consumer protection regulator if the dispute is unable to be resolved.

Update 19/12: CD Projekt Red has issued a further statement on how refunds will work for those who can’t get their money back from retail stores. Users can email CD Projekt Red to request a refund with their proof of purchase up until December 21, 2020.

Comments

  • You do realise that these companies will inevitably be sending them back to the publisher as well…

    When I worked for a publisher a life time ago, we would have thousands of returned games, mostly from EB Games and I would often get a sample pallet (it was literally pallets and pallets of returns annually) sent to us from the 3PL and, I’m not kidding, 95%+ of those games were perfectly fine.

    • I’m not sure how your comment relates to the article, but to respond to what I think is your main point, they can try to return them, and perhaps their existing commercial agreements even cover such things, but it’s not at all automatic for wholesalers to refund retailers the cost of allegedly faulty goods, and it’s almost never the case that a company will be reimbursed associated costs such as postage and handling. Retailers have fundamentally different and generally much weaker legal protections than consumers.

  • nothing against getting a refund if the product is not as advertised. however…
    prior to release: wah wah wah stop delaying it release it already.
    post release: wah wah wah why is it such a mess you shouldnt have released it.

    • Agreed.

      I can’t help but think that a fair percentage of people taking the opportunity to get a refund are really just experiencing buyer’s regret. Bugs just happen to be a more legally justifiable way of getting their money back for a game that they simply didn’t end up liking very much.

      I doubt it’s all that many refunds being sought anyhow, a bit of smoke on Whirlpool and Reddit is hardly the equivalent of a fire.

    • Exactly. Was about to post the same thing.
      Bunch of entitled babies want it both ways. I fucking hate gamers sometimes.

    • I will show my patience when a game is broken, but only when a developer is contrite and forward on the issues… and speedy with hot fixes.

      I think the recent Ubisoft title Watch Dogs Legion nearly pushed me to ask for a refund, took them three weeks to address the save game deleting corruption issue.

      That said… lucky to be Australian with ACCC legal precedents backing up our rights.

    • My thoughts on this is that CD Projekt did the wrong thing here by:
      – Repeatedly announcing release dates and not meeting them;
      – Minimising the ability of consumers to see the state the game was in, particularly on consoles;
      – Releasing a game in junk state to get it out before Christmas to maximise sales (it wasn’t because of whining about delays).

      To be honest, I wasn’t that hyped up so I neither whined about the delays or purchased it. However, I think we have to acknowledge that this isn’t just whiny gamer’s – it wouldn’t have mattered if they released a quality product when then said they would.

  • EB Games has always had a 7 day satisfaction guarantee, so not hugely surprising that they’re offering refunds

    • Intentionally only show the game running on high end PC while blocking last generation console footages. Continue to feed on the endless hype so the initial release and pre-order sales will be through the roof to recoup all development/marketing costs. Apologise, then promise future patch fixes and future content similar to Witcher 3. Next thing you can bet on is the usual playing the victim “We’re sorry we disappointed some people but please stop sending death threats and harassments to our developers etc.” so the media can blow it up.

      This has all been nothing but a blatant calculated move by CD Projekt Red.

  • I still havent even recieved my game as Australia Post is an absolute shit show and my package has been ‘delayed’ Since thursday while the courier has it and wont deliver it to me, nor to the post office…

  • I do find it odd when ppl go about defending the poor behaviour of a huge company. Ultimately the game was due to come out at the start of the year…

    Member’? Sooo no new gen consoles, no new gfx cards… and look at the state of this release. I fully expect CDPR to sort it out but I do think it’s reasonable that ppl get refunds.

    Some posts above are a bit victim blaming. I’d gather some ppl are a little too unwilling to admit that the pet number one dev kinda messed up here.

    • If a game gets delayed, it’s reasonable for the developer to try to match graphics and content similar to other games coming out. I would definitely expect them to make it look as nice as possible while targeting the “new gen consoles, and new gfx cards”.

      I think we can both agree, that they then failed to support the older consoles properly such as by dropping resolution or draw distance to ensure an enjoyable play experience.

  • Not sure what people were expecting their old crumbly PS4s and Xbones to achieve. I’m reasonably happy with the performance my PS4-Pro is giving me; it’s entirely playable and I’m having plenty of fun now that I’ve got in to the rhythm of it.

    But I do think CDP was pretty naive/stupid for not showing more base console gameplay footage before launch. Did they think no one would notice the game is populated by Spiderman boat people…?

    • Would also add that even on PS4 Pro, you absolutely need to turn off all of the ‘fancy’ graphics settings. Looks much nicer and less smeary.

        • Compared to….what exactly? A gameboy colour? Not sure what you’re trying to say.
          If you’re saying it’s nowhere near a PC with a 3090, or even a Series X, well…..no shit sherlock. But it runs well for what it is.

    • Game is ‘ok’ on PC, not a great thing (definately not as good as W3), reminds me too much of similar games (GTA/Saints Row). And it has issues even with a I7/32GB/2080Ti and running from an SSD, lets hope they actually patch this thing and make it good. (played about 55hrs and finished game under that).

        • Yeah, people seem to have forgotten that Witcher 3 on PC was a buggy shitshow until the first few patches fixed many of the issues.

          • probably since most people didnt buy witcher 3 on launch. hell, i havent even bought it yet (yes im one of THOSE people that i havent yet played the first 2 games so i cant play the 3rd >.>)

            that said, im not an idiot, and i know how games work so since the game isnt developed by rockstar, i expect there will be patches.

    • Really? I am really disappointed with it on my Series X. Yes, it looks better than on my One X but it is still pretty blurry and meh even with certain settings turned off.

      And the glitches. So many. While I have had only the 1 crash, the 5 sec hitching it does here and there is also terrible, especially in a fight or while driving.

      Can only really wait and see what the upgrade patch does but I am not getting my hopes up.

  • Im playing on PS5 and while it looks disappointing, and there is a few too many bugs, and too many crashes, I am having an absolute ball playing. The very worst thing about the game is visiting reddit. Yes I get some people have a right to be angry (especially if they are on last gen), and SOME people who claim they have been lied to, do have a point. But so much of the spam there are clearly people either trolling, or just making outrage posts for ‘fun’. SO many of them are just so obvious.

    The OMG there is nothing to do, the writing sucks, the character sux. Deus Ex was better, Fallout 76 was better. I cant wait for that deadwood to just jog on. Let the reddit get on with people discussing the game etc, and people with legitimate issues calmly post things they would like to see improve.

  • In their statement how they talk about it being because they’re last-gen consoles and not to expect them to run as well, but you can’t buy a next-gen version can you?

    It’s a last gen purchase that runs on the new consoles, so this is just a cop out in my view. And a cynical view is that they purposefully hid the state of this game on consoles by not allowing reviewers to play it.

    I haven’t unwrapped mine yet, I got it for a steal in black Friday sales so I’ll just wait until I get a new console next year rather than try it on my One S!

  • I want to love this game, I really do, but each time I’ve played it I find something new to underwhelm me. I’m pretty sure that I’m going to return it for a refund. I’ll give it another couple of hours playtime but it’s going to have to find a way to impress me a lot to keep me interested.

  • They’re absolute hypocrites. I’ve sent GOG three emails demanding a refund because I’m one of those photosensitive people and all I got back was “are you sure you don’t want store credit?” I will never purchase from them again. I’d rather be dealing with Steam’s bots than fraudsters. GOG aren’t even following their own store policies at the moment, maybe Kotaku can ask them why it’s so hard for them to click a button when they falsely advertised the game in the first place.

    • Except that the patch to modify those elements to significantly reduce photosensitivity risks has already been out for three days now. (CD Projekt Red have modified that entire sequence, not just added a disclaimer.)

      If this is the only reason that you think you deserve a refund then that reason no longer applies.

      And CD Projekt Red never “falsely advertised the game”, no advertising went out saying it was photosensitivity safe, in fact the EULA expressly said it wasn’t. That the disclaimer wasn’t prominent enough for your taste doesn’t make it ‘false advertising’.

      False advertising would be if ads implied that the game allowed you buy a pet cat when it turns out that the only pets available were dogs. If, on the other hand, you simply assumed that there would be cats simply because dogs and cats always go together that’s entirely on you.

      • To be fair removing the issue doesn’t remove the fact that they’ve proven themselves untrustworthy on the photo-sensitivity front, so there’s a valid reason to not want the game anymore and not want the people who made it to have the money. It’s a health issue so I don’t think many people would go back for more after potentially dodging a bullet.

        • Daymn. Glad I don’t have you as a manager. One mistake and you’re out, regardless of whether you fix it immediately it’s still time to find another job.

        • Untrustworthy? Yeah, no. I’m going to be seen as the asshole here but the photo-sensitivity stuff has reached peak bullshit now, people are acting like they intentionally did as if it was some grand conspiracy.

          A grown adult who knows they have photo-sensitivity issues should not require a billboard warning and to have their hands held for a game called CYBERPUNK that is clearly going to be full of bright flashy lights, etc. It should be a given that it might have such potential hazards. I imagine realistically it’s actually a given to most people with such issues whenever they play basically ANY video game, no warnings required.

          People should be required to take some responsibility for themselves, and use some common sense. Instead of passing the buck for shit they would very much already know could be a potential problem for them but instead were like, “Fuck it! I can just blame them since the warning wasn’t there!”

          Tearing the warning label off bleach doesn’t make it safe to drink, but that’s basically where we are with this particular nonsense now.

          • Piss off with this disingenuous bullshit about “personal responsibility”. I know it’s so you can defend your corporate overlords like a good little brainless drone, but it’s entirely irrelevant to how photosensitive people play games and our specific complaint with Cyberpunk. The fact that you think this is a “personal responsibility” issue rather than an accessibility team screwing up a legal requirement really highlights your ignorance.

            Not every single game featuring a warning is a risk to photosensitive people and not all photosensitivity is epilepsy related. Plenty of games have seizure warning labels just in case, but I’ve been happily playing Battlefield for years without having to worry about a flashbang or explosion causing a strobing effect at an exact frequency that causes seizures. Likewise, Beathazard Ultra has always had a gigantic warning about it using strobes as a gameplay feature *because* the normal epilepsy warnings are nondescript and so I avoided it. If a tiny one man team can slap a specific warning in for using strobe lights as a feature, then CDPR can too if it’s really the case that it was some huge important feature (when it clearly wasn’t and it wasn’t even a footnote in their own judgement).

            In CDPR’s case, when they first advertised Braindance there was no sign of the headset that was the initial source of the complaint. There was also no specific mention of strobe lights being used as a feature. There was also no mention that their game was so horrifically broken that it would cause random textures out in the world to *also* strobe. Funnily enough, I can’t remember that ever happening in Assassin’s Creed as a scifi, despite them also having a warning label, even in Unity’s broken release. So no, we won’t avoid all games because some ignoramus thinks that every single game has identical effects in it when that’s never been the case in the history of gaming. The most hectic explosion and flashbang filled Battlefield map isn’t a fraction of the risk as Cyberpunk 2077 is for the textures breaking alone.

            So no, this isn’t “muh personal responsibility”. It’s “CDPR screwed up the most basic element of a game release because it’s managed by scumbags”. This is something EA of all companies doesn’t screw up and here you are defending a company that cocked up worse than EA with Anthem (can’t remember that having strobing textures). If you’re going to shill for incompetent scumbags, at least get paid for it.

          • Dear Louie, you conspiratorial loon…

            If you have any sort of photo sensitivity issues, you’d have to be a complete and utter idiot to not consider that any video game, regardless of warnings, could have something in it that will set it off. You’re acting like all developers are experts in what sets things like that off, as if one couldn’t possibly cause a reaction completely by mistake. Especially since it’s simply not the same for all people.

            Cheers for not understanding that my entire comment was about people like yourself running around acting as if they were out to intentionally harm people… And also completely ignoring that I said nothing about anyone avoiding games, but that reasonable people (one of which you clearly are not) would understand risks in such a medium might be present regardless of whether a fucking text box warning pops up or not.

            So take the tinfoil hat off, and put the warning label back on the bleach.

          • Ooooh, did I strike a nerve? Kasterix, with that level of intelligence you really were dropped on your head as a child and used for several pro soccer league games, weren’t you? We check all of the games we play to see if there is going to be problematic effects, as I just explained, if you had reading literacy greater than that of a chimpanzee. That’s difficult to undertake when CDPR is a) not sending out review copies and b) not allowing actual review footage so they can sell their heap of junk game under fraudulent circumstances. With other games this generally isn’t an issue because they happily dish out copies. CDPR was deliberately misleading their customers and that’s what makes this a far larger problem.

            “Devs don’t know HURRR DURRRR” – they literally used the IRL design of a headset designed to use seizures for diagnostics, as has been explained in every single article that’s mentioned the problem (which you seem to be ignoring because it hurts your fee fees). In addition to this, an accessibility team is meant to review games for these exact issues. That makes them incompetent at best and willfully negligent at worst. So yeah, “THERE’S TOO MANY FACTORS” isn’t much of an excuse when EA and Ubisoft somehow manage these problems just fine. Imagine sucking more than EA at QA.

            Again, literacy check, I never said they were deliberately out to hurt anyone. I said they were incompetent morons as have many other people. I know this is a difficult thing to do, but attempt to read the words in front of you on the screen instead of the ones you’re conjuring to assuage your hurt fee fees. Your favourite game company sucks at basic developer competencies and that includes sending out review copies so people can ascertain if these games are going to be a problem. That’s a self inflicted problem on their part and it’s laughable that people like you think it’s acceptable given the sheer size of most accessibility teams. But if you had any idea what you were talking about, you wouldn’t be here crying about what poor souls they are for having to undertake basic legal responsibilities.

            As for the bleach, you should probably lay off it since you’re so keen to ignore labels.

      • They didn’t fix shit, which you’d know if you’d bothered to look through the gameplay. They still have textures that break and strobe and I’ve seen plenty of those examples, including from a friend who suffers from migraines and he got nailed pretty hard by it. There was nothing in their advertising saying “our game is so shit that it’ll randomly strobe at you because we were too stupid to competently implement texture loading in our PC release or any other release”. You know, since the main thing they advertised was a functional game and this steaming pile of trash isn’t what was advertised. Not as advertised, my money back, the end. The game was a scam and people like you who defend this stupidity reap what you sow, when you spend hours crying to yourself in bed that the steaming bag of dogshit you bought was a masterpiece instead of a steaming bag of dogshit.

        • In addition to this, I lodged that refund request well before they issued any such patch and I couldn’t give two shits about they supposedly “patched” after the fact. The fact remains that what was paid for wasn’t what was delivered and that was a breach of the ACL.

          • So many angry words over a game. Get a refund, don’t get a refund, but sheesh, next time you order a latte and get handed a flat white I fear for the safety of the barista.

          • jesus, settle petal. if youre this fragile how do you survive every day life? for me personally. well one of my fingers is slightly bent, which makes it really difficult to hold tab to scan for devices while then pressing F to execute a hack. the game did not provide me sufficient warning that it would be unfriendly to the 0.000001% of people out there with my specific condition when the developers should have known better. the game allows me to rebind keys, but tbh the good will is gone, it should not have been this way from the beginning. *tantrum*.

          • God, you people really are ignorant about what photosensitivity refers to aren’t you? 3-5% in America alone have epilepsy. That’s 9.8 million people or more in America alone. A further 2.2% have autism and they can react badly to graphics like strobes, that’s another 7.2 million. Then we have light sensitive migraine sufferers who account for 31.4 million of the population of America. Combined that gives us 48.4 million in America alone at a conservative approximation which 14.78% of their population (providing there isn’t crossover). And that’s only three categories of photosensitivity. So yeah, it kinda is a problem when 15% of the population of America can’t even consider the product because… apparently strobe lighting is essential? Guess you and them don’t like money.

            I’m really sorry that your both of your parents had kids that were so profoundly inept with Google and basic maths. I hope they recover.

          • @louie Good on yah for rounding up a whole bunch of disparate groups that may or may not overlap with each other, adding them up and then putting an authoritative sounding number on it.

            But let’s be clear here, your numbers are made up nonsense.

            Let’s start with the fact that you include 100% of people with epilepsy in your figures even though only 3% of people with epilepsy are photosensitive, then let’s do the same with every other tangentially related group… yeah, nah.

          • My numbers all came straight from various groups that offered statistics on illnesses within America. You’re not Google literate and statistics are too hard for you, I get it, but facts matter more then your fee fees. With migraines alone it still isn’t the “0.000001%” the ape above me claimed and that you seem to be cosigning due to your inability to read or Google. Like Kasterix who also can’t parse a basic sentence, come back with reading comprehension and then you shill for your corporate overlords properly.

            Absolute none of your delusions change the fact that CDPR are worse than EA and Activision combined when it comes to the failings of their accessibility team. At least shill for a company that’s on par with an indie studio, because CDPR can’t even make that list at the moment.

  • JB HiFi generally hate it if you mention the words Australian Consumer Law… At least the ones around me anyway. Under the protections against misleading and deceptive conduct this is a no brainer… you still have to know your rights though because these retailers still try to make up their own store “policies” which don’t supersede Australian Consumer Law

    It is unfortunate for the game as it is beautiful on PC, but deceptive and misleading conduct was clearly displayed by not providing review copies for PS4 and Xbox, only allowing PC reviewers to show B Roll, and ultimately suggesting that this game would work on old consoles it was not made for nor optimised for.

    To add salt – I really don’t understand how they didn’t have the next gen console patch ready for release – similar architecture to PC etc

    And I love the game but we have had Arcade games within games for YEARS now, you can’t possibly scatter that many around that aren’t playable?! Come on….

  • Really refreshing to see so many positive impressions from the game, where the rest of the net is filled with frothing-angry neckbeards.

    On PS4 Pro, it’s definitely a little bit rough around the edges but absolutely playable. I think some people are getting a rude shock in that it’s NOT a sci-fi GTA / COD shooter, and finding out it’s a pretty deep action-RPG, but I couldn’t be happier with this direction.

    • On that note… When I first saw the skill trees one of my very first thoughts was, “Oh boy are some people are going to HATE that they went this way instead of dumbing it way down.”

      • im really disliking the skill tree so far. in that it takes me 10 minutes of umming and ahhing over which tree to invest my attribute point into when it really doesnt make much difference, and that there is very little in the way of meaningful skills to improve a proper non lethal stealth build. even half the stuff stealth adjacent ends up focused on lethality. its a minor gripe at the end of the day.

        • Honestly, I can see them reworking a lot of skills now they’ll have players breaking everything and proper feedback coming in.

    • And fair enough too. Change of mind isn’t a valid reason for a refund under Australian consumer law. Also under Australian consumer law, you are not automatically entitled to a refund for minor problems. Nobody is entitled to a 100% bug free game, particularly where fixes are easily patched.

      • You make up nearly 20% of the comments to this article, you must have a real interest in CDPR to be so defensive of them. You can’t know how this game runs on 100% of people’s computers.

        You know darn well that the game is buggy as hell, often game breaking slowdowns and crashes (yes, even on PC) to the point of it being unplayable to many still. But please, go on assuming you know everything about everyone’s situation. Steam has lost a lawsuit to the ACCC in the past for refusing refunds for broken games.

        • I wonder what percentage of purchasers have taken up the offer. My guess would be well under 10%. Anyone expecting a bug free game at launch hasn’t been a gamer for very long.

          • Enough for the internet to make a shitshow out of it.

            I just realised you have replied to pretty every thread on this. Bit over invested much? Chill and enjoy some time off over Xmas.

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