You can't get a refund if you bought a digital download version.

If you want to request a refund go to here: https://help.elderscrollsonline.com/app/ask

Submit a ticket asking for a refund in full.

tripx wrote: »

I bought the game through Gamefly, when i talked to them they said since i bought the digital download i have to get a refund from the game maker. So who do i need to contact about getting a refund for an unplayable game?

When you buy through another retailer is it not Zenimax's problem. If you wanted a refund, you should have gone through the official retailer, but remember that you only have a set amount of time request a refund and that is normally 3 days from the game going into full release.

What you received from Gamefly was just another customer service rep not wanting to do his job or to get a bad survey under his name.

It's like going to buy a car from a car dealership that sells all kinds of models and makes. After a few days you are not happy ... would you go directly to the Ford to say I want a refund for my car I bought from you .... they will say "go to the place you bought it from. You paid them, not us!"

Remember common sense is your friend

Doowie wrote: »

tripx wrote: »

I bought the game through Gamefly, when i talked to them they said since i bought the digital download i have to get a refund from the game maker. So who do i need to contact about getting a refund for an unplayable game?

When you buy through another retailer is it not Zenimax's problem. If you wanted a refund, you should have gone through the official retailer, but remember that you only have a set amount of time request a refund and that is normally 3 days from the game going into full release.

What you received from Gamefly was just another customer service rep not wanting to do his job or to get a bad survey under his name.

It's like going to buy a car from a car dealership that sells all kinds of models and makes. After a few days you are not happy ... would you go directly to the Ford to say I want a refund for my car I bought from you .... they will say "go to the place you bought it from. You paid them, not us!"

Remember common sense is your friend

if you read my post you would see that i did go to the place i bought it from first and was told to go to zenimax. next time read and make sure you understand what the post says before being an ass.

It's very simple really - who did you pay the money to?
- If you made out a money order or debit transaction or cheque or just plain old cash-on-the-barrel it makes no difference.
- Just look at the name on the invoice. That's the guy you want.

That's the consumer law in any civilised country. Don't know if it applies where you live though.

Tweek wrote: »

Zazar wrote: »

zenimax.com/legal_terms_us

You just accepted it as soon as you created your account and at the first launch of ESO.

Please read it. Once in your life.

Did you read it?

FEES ARE PAYABLE IN ADVANCE AND, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, ARE NOT REFUNDABLE IN WHOLE OR IN PART.

and

IF YOU ARE NOT SATISFIED WITH THE QUALITY, FUNCTIONALITY, AVAILABILITY, ACCESSIBILITY OR PERFORMANCE OF A SERVICE, YOU MAY CANCEL YOUR ACCOUNT OR YOUR SUBSCRIPTION TO THE SERVICE. AS NOTED IN THIS AGREEMENT, WHEN YOU CANCEL YOUR ACCOUNT OR SUBSCRIPTION TO A SERVICE YOU WILL NOT BE ENTITLED TO RECEIVE A REFUND OF THE FEES FOR THAT SERVICE UNLESS APPLICABLE LAW REQUIRES A REFUND BE GIVEN.

Edit: Sorry for caps, I pasted this directly from the Terms of Service.

GossiTheDog wrote: »

In fairness, if you are in the UK (probably other parts of EU too) then UK law overrides ToS - you can request a refund at this stage (if you live here).

If you live in the US, you are probably out of luck. But you should log a support ticket and ask.

This is true. The Terms of Service will only be overridden where law demands.

Yeah - I know for a fact they are processing refunds in the EU. In fact some regions even have a 14 day refund period specified in their ToS.

In the UK we have a law called the sale of goods act.

One of the things that it says is that goods must be of satisfactory quality; the standard that a reasonable person would regard as satisfactory, taking into account the price, description and any other relevant factors.

The courts have identified certain factors that may raise or lower the expectation of satisfaction. Second hand goods will attract a lower expectation. On the other hand goods of a reputable brand may attract a higher expectation of unsatisfactory. 'Other relevant factors' may include advertising in the case of consumer contracts.

Well, I am pretty certain that a reasonable person would not think that having your bank cleared twice and being stuck on a main quest blocker for 10 days is
satisfactory. ESO is supposedly from a reputable source and the advertising promised a smooth launch experience etc.

That is why I have applied for a refund. ToS are irrelevant.

escape1979uk wrote: »

Harkrider wrote: »

escape1979uk wrote: »

"UNLESS APPLICABLE LAW REQUIRES A REFUND BE GIVEN."

If you are in the EU, the distance selling regulation means you should be entitled to a refund if the product is not deemed fit for purpose.

In my opinion, it isn't. A very large part of the game is blocked off from me, despite it being a central component of the product.

Its like buying a new PC and the graphics card breaking.. Its still partly functional when you take the broken component out, however you would still go for a refund.

I don't feel as though the metaphor is appropriate.

The game is still working and accessible.

Unfit for purpose does not include 'I'm unhappy with this', it requires a service or product to be completely defective and useless.

This is far from a case of not being happy with it (although the distance selling regulation covers that also) but a simple case of the product not performing as advertised.

Veteran ranks are an integral component of the game.
Currently they are inaccessible to me with no reasonable expectation that they will be made accessible to me in a expedient manner, taking the current speed of bug fixes as a reference, and the lack of communication on the matter.

I understand that impaired progress is frustrating (I've run into several bugged quests that remain unfixed), but that doesn't mean the product is entirely unusable and thus eligible for an 'unfit for purpose' refund.

Even the Sale of Goods Act from the UK requires that consumers expressly voice expectations prior to purchase (s14(3)), which if unmet, are then justification for a refund. The thing is, such expectations are voluntarily waived (not entirely, mind you) when you agree to Terms of Service.

However, since expectations were unvoiced prior to purchase and consumers instead agreed to conditions set forth by Zenimax, even the Sale of Goods Act is not likely to afford anyone a refund.

The sale of goods is enhanced by the distance selling regs as there can be no face to face contract agreed to.

You can craft whatever ToS or Conditions you like, that will never circumnavigate legislation.

Anyway, my reason for requesting a refund isn't out of frustration or rage.
Its purely that I have paid £50 for a game that doesn't work properly, no matter which way you carve it.

With many games that I have turned my back on, I would usually take the cost on the chin to support the development of the game and chalk it up to experience.

But £50 is a lot to leave on the table when I have had less play time than some F2P games.

FezzikVizzini wrote: »

Harkrider wrote: »

escape1979uk wrote: »

Harkrider wrote: »

escape1979uk wrote: »

"UNLESS APPLICABLE LAW REQUIRES A REFUND BE GIVEN."

If you are in the EU, the distance selling regulation means you should be entitled to a refund if the product is not deemed fit for purpose.

In my opinion, it isn't. A very large part of the game is blocked off from me, despite it being a central component of the product.

Its like buying a new PC and the graphics card breaking.. Its still partly functional when you take the broken component out, however you would still go for a refund.

I don't feel as though the metaphor is appropriate.

The game is still working and accessible.

Unfit for purpose does not include 'I'm unhappy with this', it requires a service or product to be completely defective and useless.

This is far from a case of not being happy with it (although the distance selling regulation covers that also) but a simple case of the product not performing as advertised.

Veteran ranks are an integral component of the game.
Currently they are inaccessible to me with no reasonable expectation that they will be made accessible to me in a expedient manner, taking the current speed of bug fixes as a reference, and the lack of communication on the matter.

I understand that impaired progress is frustrating (I've run into several bugged quests that remain unfixed), but that doesn't mean the product is entirely unusable and thus eligible for an 'unfit for purpose' refund.

Even the Sale of Goods Act from the UK requires that consumers expressly voice expectations prior to purchase (s14(3)), which if unmet, are then justification for a refund. The thing is, such expectations are voluntarily waived (not entirely, mind you) when you agree to Terms of Service.

However, since expectations were unvoiced prior to purchase and consumers instead agreed to conditions set forth by Zenimax, even the Sale of Goods Act is not likely to afford anyone a refund.

Err... No idea where you got this from but that from. Section 14(3) says nothing of the sort. I am not an expert on consumer law but I can read.

http://www.legislation.gov.uk/ukpga/1979/54

I would expect the official government website to have it detailed correctly.

I was responding to someone who would have a tough time justifying a refund using the Sales of Goods Act due to a rather specific problem they were having. Since the product remains mostly usable and the problem stems from a certain expectation then the applicable section of the law would be:

'and the buyer, expressly or by implication, makes known (a)to the seller any particular purpose for which the goods are being bought'

Unless the person quoted previously told Zenimax that they expect uninhibited access to veteran content, then the 'satisfactory quality' and 'fitness for purpose' sections of the Sales of Goods Act cannot help them in this regard, because as I said, the product is not entirely unfit for purpose and the specific expectations were never voiced.

This is coming directly from the Sales of Goods Act legislation, not some ToS. Just because you're unhappy with something, it doesn't mean you're entitled to a refund. As a gamer, I see the Sales of Goods Act thrown around a lot as if it were some infallible doctrine that guaranteed recompense for even the least bothered consumer of a product. This is not the case. It still has stipulations and requirements that must be met in order to be applicable.

Edited for clarity.

The best way is to create a thread on the forums in capslock.

Harkrider wrote: »

Tweek wrote: »

Zazar wrote: »

zenimax.com/legal_terms_us

You just accepted it as soon as you created your account and at the first launch of ESO.

Please read it. Once in your life.

Did you read it?

FEES ARE PAYABLE IN ADVANCE AND, EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, ARE NOT REFUNDABLE IN WHOLE OR IN PART.

and

IF YOU ARE NOT SATISFIED WITH THE QUALITY, FUNCTIONALITY, AVAILABILITY, ACCESSIBILITY OR PERFORMANCE OF A SERVICE, YOU MAY CANCEL YOUR ACCOUNT OR YOUR SUBSCRIPTION TO THE SERVICE. AS NOTED IN THIS AGREEMENT, WHEN YOU CANCEL YOUR ACCOUNT OR SUBSCRIPTION TO A SERVICE YOU WILL NOT BE ENTITLED TO RECEIVE A REFUND OF THE FEES FOR THAT SERVICE UNLESS APPLICABLE LAW REQUIRES A REFUND BE GIVEN.

Edit: Sorry for caps, I pasted this directly from the Terms of Service.

They are specifically talking about the fees i.e. subscription.

They mention nothing in that clause about receiving or not receiving a refund for the main product.

I did read your post, but you didn't read mine

So you need to ask GameFly for a refund, not Zenimax. Zenimax are not legally liable and thus they can point you to the fact you never bought it directly off them through the ESO website.

So as someone pointed out, I'm telling you that GameFly are lying to you. Also remember that if you've used the code and you've never contacted them within 24 to 72 hours you will not get a refund.

Also to those stating about UK and European law. I would like to point out the Trading and Standards will not help you in this situation. Because you went and bought a game through a 3rd party. Zenimax does not own GameFly or any other online or stores out there.

Even though a ToS or EULA may not stand up in court, they can still say you have the ability to read up on the refund policy for those publishers/retailers, which is there in black and white on their main page