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All unhappy European customers, file your official and legal complaints about PW!

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    czeslawczadczeslawczad Member Posts: 100
    edited May 2013
    Law is quite plain on this. You have 7 days with which to contact a vendor and cancel a purchase that you made online. Those are the distance selling laws. You have the right to see the goods before you commit to the transaction. Once the goods, tangible or otherwise, arrive you may legally return them in the exact condition that you received them and expect a refund if done within 7 working days of receipt.
    Nobody need to have contacted you about the goods. This applies to all EU countries. In the UK it is part of the sale of goods act and is legally binding.

    I quote the relevant parts of the sale of goods act when returning anything. it heads them off at the pass and returns are always honoured.

    You forgot to mention one small detail. In order to have that right (7 days) the seller needs to inform you about it. They are legally obliged to express it clearly by placing a proper announcement in their payment system or informing you via e-mail or other forms of direct communication, that you are entitled to do it. If they don't, the cooling off period is automatically extended to one year.

    So, is there any information in PWE's payment system about the cooling off period?

    SOURCE: The Consumer Protection (Distance Selling) Regulations 2000, Regulation 7, a, VI and other EU regulations.
    SOURCE: http://ec.europa.eu/consumers/ecc/consumer_topics/timeshare_en.htm

    Regards,
    Kalantris
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    maho4200maho4200 Member, Neverwinter Beta Users, Neverwinter Guardian Users Posts: 526 Bounty Hunter
    edited May 2013
    inkedbear wrote: »
    Not that I'm personally doing any chargebacks or anything. I'm sticking this one out.
    I would have "sticked it out" but I lost faith and made a claim at paypal, not a chargeback since I hope it can be settled in a civil manner (basically this means Paypal will contact PW and say that I want my money back) I did it that way since I have little faith that in PW will actually answer any tickets in a timely manner.

    And I just got banned while writing the above :)
    Neverwinter Online Open Beta is an ongoing success
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    pressexpose1pressexpose1 Member, Neverwinter Beta Users Posts: 0 Arc User
    edited May 2013
    You forgot to mention one small detail. In order to have that right (7 days) the seller needs to inform you about it. They are legally obliged to express it clearly by placing a proper announcement in their payment system or informing you via e-mail or other forms of direct communication, that you are entitled to do it. If they don't, the cooling off period is automatically extended to one year.

    So, is there any information in PWE's payment system about the cooling off period?

    SOURCE: The Consumer Protection (Distance Selling) Regulations 2000, Regulation 7, a, VI and other EU regulations.
    SOURCE: http://ec.europa.eu/consumers/ecc/consumer_topics/timeshare_en.htm

    Regards,
    Kalantris

    Sorry, that's irrelevant. What you have linked to is the EU consumer rights when purchasing a timeshare in a property within the EU. It has no bearing on this issue being discussed here.

    Here are the rights as they pertain to me in the UK

    http://www.out-law.com/page-430#goods
    fs_lastplayed.png
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    maho4200maho4200 Member, Neverwinter Beta Users, Neverwinter Guardian Users Posts: 526 Bounty Hunter
    edited May 2013
    In Denmark it's 2 weeks.
    Neverwinter Online Open Beta is an ongoing success
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    pressexpose1pressexpose1 Member, Neverwinter Beta Users Posts: 0 Arc User
    edited May 2013
    inkedbear wrote: »
    But you seem not to be familiar with that in order for PW to be allowed sales in the EU of their product, they have to agree to certain terms. This for instance is why the price is higher in Euros than it is in dollars. You know EU sales tax etc. Also, most EU countries have consumer laws that are pretty "strong" for the consumer.

    Over here, I could go buy a cell phone, unbox it, set it up and use the <font color="orange">HAMSTER</font> out of it and still return it after a few days if I decide I don't like it or want it. No matter how much I've been using it.

    Not that I'm personally doing any chargebacks or anything. I'm sticking this one out.

    I live in the UK and am very familiar with customer rights having worked in advocacy and customer information for an unrelated privacy and consumer rights issue a few years back. We forced a few huge companies to change their policies and brought one particular company to it's knees over their practices.

    I'm interested in what your first paragraph actually means. Can you expand upon it please with references?

    Prices in the EU market ( which is different again from the UK market ) are set by the manufacturer and are a reflection of what they think the market can endure over what has been determined is the break-even price. It has nothing to do with being 'allowed' to operate in Europe. Besides. The company trading in Europe on behalf of PWI is European, same as the company trading in US, PWE, is American. It's all about where the offices are registered.

    Again, I understand EU consumer rights, I'm good with that bit.
    fs_lastplayed.png
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    czeslawczadczeslawczad Member Posts: 100
    edited May 2013
    Sorry, that's irrelevant. What you have linked to is the EU consumer rights when purchasing a timeshare in a property within the EU. It has no bearing on this issue being discussed here.

    Here are the rights as they pertain to me in the UK

    http://www.out-law.com/page-430#goods

    Dammit, I knew something was wrong. Sorry, but I'm busy as hell at the office and can't really focus, mea culpa. It's three months for everything else and that's what I wrote in the beginning and then started searching for sources. There was suppose to be a major change in consumer rights in 2013 or 2014 and I thought it already happened, hence the 1 year period seemed allright. Once again sorry.

    Anyway if they fail to inform you about the cooling off period you have three months instead of seven days, of that I'm sure. Just gonna have to look up the source. For now have this:

    http://www.eccnl.eu/page/en/themes/E-Commerce#par4

    Best regards,
    Kalantris
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    ancientwolfgr808ancientwolfgr808 Member Posts: 163 Arc User
    edited May 2013
    ravin wrote: »
    Every mmo I have ever played has one of these pointless threads pop up. In every case nothing happens. These threads die a quick death when people figure out they have no legal leg to stand on.

    Explain getting a refund on 2 other accounts without complaint. Quickly made use of the 120$ by buying into you guessed it, another game's expansions from someone else. Directing my CC company to the forums here may have helped. Keeping my 3rd one active for now because the likelihood of more popcorn events is too high to pass up on. Pointless? Hardly.

    It wasn't about the money for me. I see they supposedly banned people for just inquiring about refunds. I hope thats not the case, nor pull some <font color="orange">HAMSTER</font> by messing with multiple accounts as they are, separate.
    [SIGPIC][/SIGPIC]
    Still trying to find a reference to AD in my AD&D Manuals.
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    pressexpose1pressexpose1 Member, Neverwinter Beta Users Posts: 0 Arc User
    edited May 2013
    maho4200 wrote: »
    In Denmark it's 2 weeks.

    It's usually 14 days all over Europe, but here, legally it's 7 days. Most traders operate a 14 day policy as a sign of good will. If it's going to be acrimonius it's as well to start the returns process within that first week by notifying the trader of your intent, in writing.

    In any case goods have to remain unused and in the same condition that they were supplied. Except in the case of defect, of course.
    fs_lastplayed.png
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    isaacbisaacb Member Posts: 2 Arc User
    edited May 2013
    Paying to play an unfinished game and knowing it was in open beta is kind of your fault isn't it? If you dumped money into the game and feel cheated when people exploited it then its the players who are at fault. Bugs happen what do you expect... they did the best they could to address the matter even if some of you don't all agree. Stop crying god...
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    nephtnepht Member Posts: 5,826 Arc User
    edited May 2013
    azuregate wrote: »
    Great and informative post, will definitely be useful to disgruntled customers in the EU.

    Lol at the first few responses to this topic, nowhere did the OP mention anything about wipes. But clearly, they didn't bother reading and simply assumed it.

    .....

    Welcome to the internets. Rule 1 of forum posting DO NOT read the OP before posting.

    That aside I am not in any pissed with this game its just a shame that players outside the EU like myself dont have any options like was posted in the OP on a whole.
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    pressexpose1pressexpose1 Member, Neverwinter Beta Users Posts: 0 Arc User
    edited May 2013
    wrenaq wrote: »
    This is getting petty now.....
    It is an open beta so I expected problems but the fun I have had so far far outweigh those problems. It has been what two weeks? and the OP is raging like a child.
    Why not just get your own money back and feck off?


    There is simply a discussion going on. Well actually there are two discussions. One is an informative back and forth regarding consumer rights both within and outside of the EU. This is pertinent to this forum given how some people feel about their purchases. Whatever anyone's view on those people they have a right to discuss it. ( in so far as they are currently being allowed to by Cryptic, they have no discussion rights on this forum beyond that )
    The second 'discussion' is simply an interjection of insulting, demeaning and often abusive comments which are pre-determined by the position that the poster takes regarding this issue. That discussion is neither adult nor helpful. You appear to have joined the second one.
    fs_lastplayed.png
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    maho4200maho4200 Member, Neverwinter Beta Users, Neverwinter Guardian Users Posts: 526 Bounty Hunter
    edited May 2013
    isaacb wrote: »
    Paying to play an unfinished game and knowing it was in open beta is kind of your fault isn't it? If you dumped money into the game and feel cheated when people exploited it then its the players who are at fault. Bugs happen what do you expect... they did the best they could to address the matter even if some of you don't all agree. Stop crying god...
    But they didn't.

    --

    Hmm why does my account say that I have made a chargeback when I haven't?

    I disputed the payment which isn't the same thing.
    Neverwinter Online Open Beta is an ongoing success
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    czeslawczadczeslawczad Member Posts: 100
    edited May 2013
    maho4200 wrote: »
    Hmm why does my account say that I have made a chargeback when I haven't?

    I disputed the payment which isn't the same thing.

    Also banning the account for using a legitimate procedure seems like blackmailing to me. I'm ofcourse fully aware of the fact, that PWE has the right to block any account for any reason whatsoever or no reason at all, but banning because someone requested their money back seems like forcing the customers to waive their rights...

    Regards,
    Kalantris
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    pressexpose1pressexpose1 Member, Neverwinter Beta Users Posts: 0 Arc User
    edited May 2013
    maho4200 wrote: »
    Hmm why does my account say that I have made a chargeback when I haven't?

    I disputed the payment which isn't the same thing.

    You don't get to make a chargeback just the same as Cryptic don't get to decide upon the outcome. Your card issuer may have chosen to make the chargeback on your behalf if they feel it has a good chance of succeeding. The Merchant Acquirer who operate on behalf of PWE to collect and manage transactions will have to decide the outcome.

    Perhaps it's your card issuer ( not the card scheme operator, i.e. Visa, Mastercard ) who have issued the chargeback after you have disputed it with them. Either way you must take it up with the issuer ( your bank, most likely ) to understand where it's at right now.
    fs_lastplayed.png
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    nephtnepht Member Posts: 5,826 Arc User
    edited May 2013
    maho4200 wrote: »
    But they didn't.

    --

    Hmm why does my account say that I have made a chargeback when I haven't?

    I disputed the payment which isn't the same thing.

    Because to the credit card companies its the same thing even if in reality there is a definite difference.

    Last year I was suspended from TOR after they still charged me a sub 3 months after I ended my sub due to FTP of course I let loose a can of Shaq Fu about this. Took me like a month to get my account unbanned :<

    Not all people accused of chargeback have actually charged back.
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    maho4200maho4200 Member, Neverwinter Beta Users, Neverwinter Guardian Users Posts: 526 Bounty Hunter
    edited May 2013
    You don't get to make a chargeback just the same as Cryptic don't get to decide upon the outcome. Your card issuer may have chosen to make the chargeback on your behalf if they feel it has a good chance of succeeding. The Merchant Acquirer who operate on behalf of PWE to collect and manage transactions will have to decide the outcome.

    Perhaps it's your card issuer ( not the card scheme operator, i.e. Visa, Mastercard ) who have issued the chargeback after you have disputed it with them. Either way you must take it up with the issuer ( your bank, most likely ) to understand where it's at right now.
    No this is through Paypal, I had the option of making a dispute or an undisputed claim, the latter being a chargeback the first one is a negotiation.

    But it seems like PW just considers it a chargeback - and I've gotten 8 emails with the same content explaining that I have been banned which is fine as long as there is a dispute, but why spam me with emails!
    Neverwinter Online Open Beta is an ongoing success
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    pressexpose1pressexpose1 Member, Neverwinter Beta Users Posts: 0 Arc User
    edited May 2013
    Also banning the account for using a legitimate procedure seems like blackmailing to me. I'm ofcourse fully aware of the fact, that PWE has the right to block any account for any reason whatsoever or no reason at all, but banning because someone requested their money back seems like forcing the customers to waive their rights...

    Regards,
    Kalantris

    I don't understand why accounts are being banned either. It just seems petty. people are not paying for the game, it is free. Surely it would be better to remove the disputed items where they can be and in the case of items which have been spent, such as Zen and AD, if they can not be recovered then I would think there should only be a suspension until the outcome of the dispute is resolved.
    To ban you from all of their free games because you want a refund for particular items in just one of those games smacks of spitefulness from the person who made that decision. And somebody will have made it.
    fs_lastplayed.png
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    teepussiteepussi Member, Neverwinter Beta Users, Neverwinter Hero Users Posts: 0 Arc User
    edited May 2013
    coggage wrote: »
    Why would I go to that much effort over a free game? It's not like I actually lost anything.

    I would think this post was more towards those concerned of using real money towards it. The rules change when you throw money in, we have strong consumer protection systems in place. It doesnt matter if company is residing outside our borders, its still possible to throw at least some trouble at their way if unsatisfied.

    Then again i could propably just use local bank and get chargeback if wished, but that would null all my dealings with PWI.
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    everythingsdeadeverythingsdead Member Posts: 0 Arc User
    edited May 2013
    gaerolth wrote: »

    The major exploit is gone. The economy is fine.

    Sorry you got banned for exploiting and you don't get to be on equal footing as everyone else.

    Maybe you should do a bit of reading before you start talking about things you have no idea of.

    1) The economy is NOT fine. The economy as it stands right now is Non-Existent. It's not even UP or AVAILABLE.
    2) The guy didn't get banned for exploiting, he got banned for asking for a refund.

    Seriously. Read some friggin posts before you crack open your mouth.
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    ambisinisterrambisinisterr Member, Neverwinter Moderator Posts: 10,462 Community Moderator
    edited May 2013
    It wasn't about the money for me. I see they supposedly banned people for just inquiring about refunds. I hope thats not the case, nor pull some <font color="orange">HAMSTER</font> by messing with multiple accounts as they are, separate.

    Just to clarify: Completely untrue.
    What was likely misread is that you must file for a refund through PWE. However if players use "Chargebacks," which is not the same a refund, action will be taken against their account as this is a huge hassle for both card companies and for merchants.

    Chargebacks exist for the protection of consumers from companies which charged for products without delivering the product within a reasonable period of time after contacting the company's customer support or in case of emergencies such as Identity Theft.

    They are not a means to force a refund due to buyers remorse.
    Such actions are classified as "Friendly Fraud Chargebacks" and is not an acceptable practice. Ever.

    Players are free to request a refund by contacting support through the ticketing system or by sending an e-mail to customersupport@perfectworld.com via their PWE Registered e-mail.



    Please keep this discussion civil and respectful. I have removed two pages and I honestly could have removed much more for being rude, disrespectful, insulting, off topic....the list goes on.

    These threads tend to attract these types of comments which is why all of these threads have been locked and sent to The Lower Depths. I am leaving this thread open in kindness for now but if this behavior continues this thread will be joining it's friend's in The Lower Depths.

    Keep this thread respectful if you all want it to remain open. :)
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    pressexpose1pressexpose1 Member, Neverwinter Beta Users Posts: 0 Arc User
    edited May 2013
    maho4200 wrote: »
    No this is through Paypal, I had the option of making a dispute or an undisputed claim, the latter being a chargeback the first one is a negotiation.

    Oh yeah, I recall now. When you make a payment dispute with paypal they simply go into payment recovery mode. Even if Cryptic refuse, Paypal will, in most cases refund you anyway. It's incorrect to call it a chargeback however it's a similar process. It does not sound like it is negotiation. This is interesting. i know Paypal are notoriously difficult to communicate with in these situations but see if you can ask them why it has been escalated to a claim and tell us here. It would be helpful information for others going the same route thinking that they are not putting in a claim. Also write back to support and get their take on why it's a chargeback.
    fs_lastplayed.png
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    canibalolercanibaloler Member Posts: 9 Arc User
    edited May 2013
    After reading this post, i bought 3k zen xD Trolololo

    ..really bored of all this drama...
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    maho4200maho4200 Member, Neverwinter Beta Users, Neverwinter Guardian Users Posts: 526 Bounty Hunter
    edited May 2013
    JPlayers are free to reques a refund by contacting support through the ticketing system or by sending an e-mail to customersupport@perfectworld.com via their PWE Registered e-mail.
    I opted NOT to do that because I don't want to wait 2-3 weeks to get an answer.

    I made the claim though paypal which is a negotiation not a chargeback (that option is there as well) since I thought that would be faster, 2-3 minutes later I started getting emails about my account being suspended from PW, so far I have gotten 9 (in 52 minutes).
    Oh yeah, I recall now. When you make a payment dispute with paypal they simply go into payment recovery mode. Even if Cryptic refuse, Paypal will, in most cases refund you anyway. It's incorrect to call it a chargeback however it's a similar process. It does not sound like it is negotiation. This is interesting. i know Paypal are notoriously difficult to communicate with in these situations but see if you can ask them why it has been escalated to a claim and tell us here. It would be helpful information for others going the same route thinking that they are not putting in a claim. Also write back to support and get their take on why it's a chargeback.
    Basically I describe the problem on the paypal page and they forward it to PW and asks what their side of the story is.
    Neverwinter Online Open Beta is an ongoing success
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    zanthe25zanthe25 Member, Neverwinter Beta Users Posts: 207 Bounty Hunter
    edited May 2013
    Sorry you wouldn't stand a chance.

    PWE have done everything right and any court would more like fine you for wasting their time.

    additionally, you obviously never read the EULA of ANY online game, as they ALL reserve the right to change what they want and when they please, you have to accept that agreement in order to play the game, and that is true for any online game.
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    maho4200maho4200 Member, Neverwinter Beta Users, Neverwinter Guardian Users Posts: 526 Bounty Hunter
    edited May 2013
    zanthe25 wrote: »
    Sorry you wouldn't stand a chance.

    PWE have done everything right and any court would more like fine you for wasting their time.

    additionally, you obviously never read the EULA of ANY online game, as they ALL reserve the right to change what they want and when they please, you have to accept that agreement in order to play the game, and that is true for any online game.
    Do you think such things go to court?

    Also the EULA is not a legal document.

    You are really naive if you are serious.
    Neverwinter Online Open Beta is an ongoing success
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    czeslawczadczeslawczad Member Posts: 100
    edited May 2013
    Just to clarify: Completely untrue.
    What was likely misread is that you must file for a refund through PWE. However if players use "Chargebacks," which is not the same a refund, action will be taken against their account as this is a huge hassle for both card companies and for merchants.

    You must file for a refund through PWE? First of all I've done chargebacks in the past and I know full well the procedure is available only when you complete your dealing with the merchant's customer service. Only after the customer's complaints have been rejected and he still disagrees is he entitled to a chargeback procedure. Banning the account because of using such procedure seems like forcing the customers to waive their rights, which is against EU regulations.

    Any bank forwarding a chargeback claim without a statement from the customer, that all dealings with the metchant's customer service are concluded simply breaks the regulations and agreements with card issuers and I can't believe any bank would ever do such a thing. In every single chargeback case I've ever done (in four different banks) I've always been asked a couple times to send them a written and signed statement, that I tried to resolve the matter with the merchant without success. In two cases I had to provide them with a copy of the e-mails.
    They are not a means to force a refund due to buyers remorse.
    Such actions are classified as "Friendly Fraud Chargebacks" and is not an acceptable practice. Ever.

    Where is the information (on PWE's website) concerning buyer's remorse (cooling off)? Will you ban my account if I request my money back based on EU regulations on cooling off period?

    Regards,
    Kalantris
  • Options
    nephtnepht Member Posts: 5,826 Arc User
    edited May 2013
    Just to clarify: Completely untrue.
    What was likely misread is that you must file for a refund through PWE. However if players use "Chargebacks," which is not the same a refund, action will be taken against their account as this is a huge hassle for both card companies and for merchants.

    Chargebacks exist for the protection of consumers from companies which charged for products without delivering the product within a reasonable period of time after contacting the company's customer support or in case of emergencies such as Identity Theft.

    They are not a means to force a refund due to buyers remorse.
    Such actions are classified as "Friendly Fraud Chargebacks" and is not an acceptable practice. Ever.

    Players are free to request a refund by contacting support through the ticketing system or by sending an e-mail to customersupport@perfectworld.com via their PWE Registered e-mail.



    Please keep this discussion civil and respectful. I have removed two pages and I honestly could have removed much more for being rude, disrespectful, insulting, off topic....the list goes on.

    These threads tend to attract these types of comments which is why all of these threads have been locked and sent to The Lower Depths. I am leaving this thread open in kindness for now but if this behavior continues this thread will be joining it's friend's in The Lower Depths.

    Keep this thread respectful if you all want it to remain open. :)

    I personaly think chargebacks like some have been doing is a very grim thing to do.

    But here is the issue.When I was charged by EA for a sub I cancelled and I had to chargeback due to the fact I had cancelled my sub months before I was still banned. I got it fixed. But I tangent. My point is its very very VERY hard to tell the difference between an honest refund and an a$$hat chargeback because down on paper they are the exact same thing.
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    maho4200maho4200 Member, Neverwinter Beta Users, Neverwinter Guardian Users Posts: 526 Bounty Hunter
    edited May 2013
    nepht wrote: »
    I personaly think chargebacks like some have been doing is a very grim thing to do.
    I agree, I think it's a bad way to solve any issue you have unless it's a last resort.

    Personally I have never done it (although PW claims that I have now).
    Neverwinter Online Open Beta is an ongoing success
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    davan9kdavan9k Member Posts: 66
    edited May 2013
    i have written down an email to the customer service support and asked for a refund. no answer yet. wont wait much longer, paypal is waiting baby!
    http://mmogfails.blogspot.com/ - never(exploitfree)winter
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    nephtnepht Member Posts: 5,826 Arc User
    edited May 2013
    maho4200 wrote: »
    I agree, I think it's a bad way to solve any issue you have unless it's a last resort.

    Personally I have never done it (although PW claims that I have now).

    Well keep at it if I ( a complete moron ) can prove to EA ( the worst company in the world ) that it wasn't a chargeback I am pretty much sure you can do the same with PW.
This discussion has been closed.