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Zos - you need better lawyers.

  • Xjcon
    Xjcon
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    .
    Edited by Xjcon on January 24, 2015 7:42PM
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  • Vis
    Vis
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    Vis wrote: »
    ashlee17 wrote: »
    Quote from zos FAQ

    I am a current subscriber to The Elder Scrolls Online and my subscription will be active when the game transitions to The Elder Scrolls Online: Tamriel Unlimited. What happens to my subscription?
    The remaining subscription time will automatically transition to ESO Plus membership. You will receive the applicable allotment of crowns as described above. No refunds will be offered on existing subscriptions.


    This is in breach of australian comsumer law quoted below.

    'No refund' signs and expired warranties

    It is against the law for businesses to tell you or show signs stating that they do not give refunds under any circumstances, including for gifts and during sales.

    Your rights under the consumer guarantees do not have a specific expiry date and can apply even after any warranties you’ve got from a business have expired.


    Might want to look into that.

    If you believe you have a legal case (based on where you live) against ZOS then consult a lawyer and pursue the appropriate charges . Personally I do not think you will get the answers you expect from a lawyer qualified to pursue an international legal case .

    Again, I would urge those involved, you do not need a lawyer. If you used a credit card or debit card, you are legally allowed dispute your last subscription renewal (if that subscription goes up to or past the March changes).
    That is also a viable recourse but it depends entirely on what your disputing

    if claiming problems with the billing then yes you go to your CC/Debit card issuer if your using a CC/Debit card , if your claiming some kind of breach of contract/service then you need a lawyer .

    Not true. You are allowed to dispute the "quality" of a good or service (under the FCBA). Open a dispute with your CC (even a test one) and you will see those options are open for you. Mine even had a field for the service changing its conditions and/or description before the end of its duration. It's all good to know.
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  • DanielMaxwell
    DanielMaxwell
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    Vis wrote: »
    Vis wrote: »
    ashlee17 wrote: »
    Quote from zos FAQ

    I am a current subscriber to The Elder Scrolls Online and my subscription will be active when the game transitions to The Elder Scrolls Online: Tamriel Unlimited. What happens to my subscription?
    The remaining subscription time will automatically transition to ESO Plus membership. You will receive the applicable allotment of crowns as described above. No refunds will be offered on existing subscriptions.


    This is in breach of australian comsumer law quoted below.

    'No refund' signs and expired warranties

    It is against the law for businesses to tell you or show signs stating that they do not give refunds under any circumstances, including for gifts and during sales.

    Your rights under the consumer guarantees do not have a specific expiry date and can apply even after any warranties you’ve got from a business have expired.


    Might want to look into that.

    If you believe you have a legal case (based on where you live) against ZOS then consult a lawyer and pursue the appropriate charges . Personally I do not think you will get the answers you expect from a lawyer qualified to pursue an international legal case .

    Again, I would urge those involved, you do not need a lawyer. If you used a credit card or debit card, you are legally allowed dispute your last subscription renewal (if that subscription goes up to or past the March changes).
    That is also a viable recourse but it depends entirely on what your disputing

    if claiming problems with the billing then yes you go to your CC/Debit card issuer if your using a CC/Debit card , if your claiming some kind of breach of contract/service then you need a lawyer .

    Not true. You are allowed to dispute the "quality" of a good or service (under the FCBA). Open a dispute with your CC (even a test one) and you will see those options are open for you. Mine even had a field for the service changing its conditions and/or description before the end of its duration. It's all good to know.

    disputing the quality does not = breach of contract/service

    changes to a service that add to what you where previously receiving would not qualify as reducing the quality of that service , but claiming that if you where aware of the changes before your subscription was renewed would have resulted in you not renewing would get you a refund .
    , which would be a billing issue.

    you keep saying people do not need to go to a lawyer while not acknowledging that what they claim may require that they talk to a lawyer depending entirely on where they live .
  • radiostar
    radiostar
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    Z appears to have very good legal counsel with a very good command of the English language.
    "Billions upon Billions of Stars"
  • killedbyping
    killedbyping
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    Shut up and take my money.
  • Wreuntzylla
    Wreuntzylla
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    Xjcon wrote: »
    Rodario wrote: »
    Rosveen wrote: »
    I'm reasonably sure most European countries have laws protecting the customer from such actions. I know mine does, if the product significantly differs from what was offered and I was misled into buying, I'm entitled to a refund no matter what the company policy says.

    Mine too. They do seem to have problems applying these laws to games and online services though.

    Is this due to the fact that you check that little box agreeing to the Terms of service? Perhaps the fact that some where in there it says they can change the game at anytime?

    So your point is what? That a general disclaimer is sufficient to avoid a fraud charge? Good luck with that.
  • Koensol
    Koensol
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    Why is this thread being brought back? It's clearly nonsensical to ask for a refund. It won't happen. Just pack your bags and leave, like the rest of us.
  • Garwulf
    Garwulf
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    eisberg wrote: »
    https://www.moneysmart.gov.au/media/347756/kit-acl-factsheet-shopping-rights.pdf
    I bought it online.
    If you bought from an Australian business online,
    you have the same refund rights as when buying from
    a shop – unless you bought the item from a private seller.

    ZOS isn't an Australian Online Business. They don't even charge in the currency of Australia.

    Well I do not know about any one else in Australia but the Email telling me my reoccurring subscription has been paid is in $AUD


    "30 Day Recurring Subscription
    Welcome back to Tamriel! You've purchased 30 days of game time. When this game time runs out, you will be automatically billed $**.00AUD + applicable taxes for another 30 days of game time on your payment method (Card Number: American Express ).

    This confirms that you authorize us to initiate recurring payment transactions for your subscription using the payment information listed above. $**.00AUD"

    nb ** out the actual amount.
  • daemonios
    daemonios
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    Vis wrote: »
    Again, I would urge those involved, you do not need a lawyer. If you used a credit card or debit card, you are legally allowed dispute your last subscription renewal (if that subscription goes up to or past the March changes).

    Are YOU a lawyer? Given that we've been given notice of the upcoming changes 2 months in advance, I'd like to see you or anyone disputing that subscription renewal payment.

    Be careful when you advise people with such certainty. They might very well follow your advice and go after you if it blows up in their face.
  • darthbelanb14_ESO
    darthbelanb14_ESO
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    You agreed to the EULA, so as they say in the prison I work at, you're beat.
  • wiz12268b14_ESO
    wiz12268b14_ESO
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    And people wonder why most Oceanic servers and services suck. Theyre lucky they even get official access to most MMOs (and why many actually dont). Because theyre want to sue some company as fast as they can find a loophole to do so. People thin the U.S. is litigious, looks like it has nothing on Australia.
  • frosth.darkomenb16_ESO
    frosth.darkomenb16_ESO
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    Xjcon wrote: »
    Rodario wrote: »
    Rosveen wrote: »
    I'm reasonably sure most European countries have laws protecting the customer from such actions. I know mine does, if the product significantly differs from what was offered and I was misled into buying, I'm entitled to a refund no matter what the company policy says.

    Mine too. They do seem to have problems applying these laws to games and online services though.

    Is this due to the fact that you check that little box agreeing to the Terms of service? Perhaps the fact that some where in there it says they can change the game at anytime?

    It mostly is because law makers and enforcers have no idea how computers and the interwebs work.

    However, Law trumps term of services.

    Should a company write in a TOS "We are free at any time to take your children and make them work in our ipads factories around the world.", they would still get in trouble for kidnapping.

  • Malpherian
    Malpherian
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    SFBryan18 wrote: »
    The internet is made up of millions of servers connected around the world. If the item being sold was through a server that was not on Australian soil, they have no authority. Probably why all copies of they game were pulled from Australian shelves before the announcement was made.

    Actually if the bank account the money was pulled from exists on Australian soil, ALL AU laws apply.
  • Sirlacker
    Sirlacker
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    Get a grip, you have ~3 months notice before it goes B2P.

    Before making accusations like 'get better lawyers actually think about it, if your recurring subscription runs over March, try asking them for a damn refund of the time you won't be using because you wish to leave.

    That is the only refund you're actually entitled to. You bought the game, they didn't mislead you for what 10 months, you continued to play, subscribe etc under your own terms. You ARE entitled to a refund of unused time running over the date it goes B2P since the game has changed business model and are taking your money without consent (if you've managed to stay on the 6 month sub) and refusing a refund which is illegal.

    Try talking to support first before you go on an all out offensive.

  • THammer
    THammer
    These people are still going on with this farce?
    You agreed to the EULA, so as they say in the prison I work at, you're beat.

    That is all that matters. Everyone agreed to the terms when they hit "accept", which included knowledge that the game and terms are subject to change. If you didn't agree, you had a chance to get a refund after you bought it - as it says in the EULA. Waiting this long and enjoying their product only to want a refund now is just utterly laughable.
  • jluceyub17_ESO
    jluceyub17_ESO
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    I missed the part where they stated you had no right to a refund. The post states that refunds won't be "offered", it does not state that valid refund requests will denied under any/all circumstances.

    I'm interpreting the "offered" language to mean that although the nature of the subscription has changed, ZoS will not ask you if you'd like to cancel the portion of the subscription extending beyond March 17.

    Also I'd check the specific language in the multi-month subscriptions. I'd bet good money that when you agreed to that extended sub, you waived your right to cancel months off the sub and receive a refund.

    If anything ZoS's lawyers did a good job in making sure that the refund language was limited to "will not be offered" rather than "will not be available/allowed/etc."
    Edited by jluceyub17_ESO on January 26, 2015 9:33PM
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