Cole Allard, on 06 February 2013 - 05:47 AM, said:
What you are saying is : any terms of service is wrong and non existing, if the country the klicking person lives in has other rights. Thats true.
BUT (<- cant make it fat enough.) try to go for a refund over your Credit Card...or even better...over paypal. Just try it and tell me what reality told you.
Until I actually see people getting cash back from internet transactions (via credit), I wont belive it.
Here's what my reality tells me; my reality tells me I have almost two decades of corporate retail management experience, with much of it dealing with e-commerce. My reality tells me that in the unlikely event someone actually went so far as to go to VISA and make a formal claim requesting a reversal of an MC charge based on "this company charged me real money for a product, then took my product away from me and only offered me an in-store credit...they didn't give me my money back." my money's on the customer based on VISA viewing it as a refund and refund protection is baked in to many credit card agreements.
As I said, I don't know the specific law on this...we're dealing with virtual items, which some courts have acknowledged as having tangible value (see some rulings on virtual land and items in Second Life), and the law is by no means settled. If it ever becomes settled and gives virtual items the same protections as "real" items then what happened in this case would not have been legal, the example of Best Buy coming to your house, taking away your TV while giving you your money back but then forcing you to buy it back at a higher price if you wanted it back would apply...and that ain't legal.