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Disputes over received virtual items but without having access to them

Contributor

Disputes over received virtual items but without having access to them

Hello, 

   Given the following scenario:

 

You buy some virtual stuff o a minecraft server. Staff and a gang of players start to abuse your character and disrupt your gaming and enjoy what you bought. You report to server staff but only make it worse. They keep you banned from time to time and / or kill you every time they encounter you on the map. 

You decide. I'm leaving this place. You have 3 transactions with them. Your common sense says to chargeback the 2 most recent ones, those made right before the bad situation started. And also, not chargeback 100% but only ask for half back.

 

Paypal rejects the claim and says "Server owner is right. You can't charge back". Now , what to do?

 

You try to play again, maybe talk to some moderators and try to solve the issue. What do you know? 🙂 You are permanently banned for trying to chargeback, because "Terms and COnditions" of the server owner.

 

Not a problem. But making an analogy:

 

You buy an online album, to listen online, in Spotify. Isn't Spotify suppose to offer you access to the virtual goods at all time?

 

I understand that Paypal told me something like "You received the goods, it's nothing you can do". But given the circumstances, if I buy virtual goods, alright I receive them, but shouldn't I be able to enjoy them? How is that legal in any country I wonder.

 

I am only asking this: If i buy virtual goods, shouldn't I be able to enjoy them and use them?

 

What law in European Union for example, gives the right to a shop owner of virtual goods, to just cut access and then say "You received them. It's no issue". 

Please help me understand. I am actually mad and it's not a lot of money or anything, but I want to understand how crazy I am, if I am the crazy one.

 

Thank you!

3 REPLIES 3
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Contributor

Re: Disputes over received virtual items but without having access to them

I can give this some context from my old Habbo Hotel days.

 

Virtual goods are non-existent, you are being offered a license to these goods based on the terms and conditions of the service provider. 

 

If your account is banned in accordance to the terms and conditions, then they have honoured their side of the contract in full.

 

If you were never given the virtual goods in the first place, then you could raise a dispute for services not performed/received. But the fact you did get those services means that the obligation has been met.

 

Now, you do also have "Services not as described" as a chargeback option, however, again, this will be a stretch as the service you bought was offered to you, the fact that other users hindered your ability to use these goods is not the responsibility of the service provider but the other players.

 

So, whether it is fair for the server owner to revoke the goods for using your right to file a PayPal claim which ultimately loss, I think this may be unfair and maybe enough grounds to lodge an appeal claiming services not received: https://www.paypal.com/uk/smarthelp/article/can-i-appeal-paypal%E2%80%99s-decision-on-my-claim-faq20...

 

This is because they've revoked the services by retaliation of doing something you are legally and fully entitled to do, even in spite of their terms and conditions. This may not be successful, I've never tested it myself, but it's worth a shot as I am sure PayPal would frown upon merchants penalising customers by putting them off their protection processes.

 

Goodluck.

Contributor

Re: Disputes over received virtual items but without having access to them

Hello. I tried appealing to their resolution but there is no button to do that, unfortunatelly. 

 

I read what you said and I do understand. My feeling is just a little bit weird, since the seller is not even a company and there's no way for Paypal to control if either of their information is true. As a server owner myself in the past, I know how easy it is to manipulate all the data you have. Haven't done it myself, but that can be done easely. 

I still do not understand how Paypal considers this to be legal. Seems to me that it's a thin line to open scammer new nieche. Their terms and condition can state anything they want, there's no control on the history of them and could say anything.

 

Considering this server even violates the Minecraft EULA Agreement by selling in game currency for real money, I think Paypal really does not consider the truth at all. Am I thou considering to take this further, since the paypal account takes money out of my Revolut Card which is MasterCard and try solve the issue with MasterCard. In this case, since Paypal charged my card so it could give money to seller, I don't know who am I suppose to report, Paypal or the seller? Quite frankly, the problem should be between me and the seller even if I take it to MasterCard. But I do not know how it would work.

 

Contributor

Re: Disputes over received virtual items but without having access to them

You may wish to contact PayPal to advise them that new information has come to light but you can't appeal following the instructions link I sent you, you can email PayPal here: https://www.paypal.com/uk/smarthelp/contact-us

 

Depending on their response, you may then wish to go down the route of either contacting Revolut (really though, goodluck with that, Revolut are awful with doing chargebacks from personal experience!), alternatively, you may also want to refer PayPal to the Financial Ombudsman Service if they refuse to allow you to appeal, putting forward the same points you've made and as I wrote above (no longer have access to service due to retaliatory action by merchant), and the fact you are invited to appeal based on that URL but they are not offering you the opportunity.

 

You may also wish to mention that you've since learned that the product you purchased is not as described because you've since discovered that it wasn't transferable according to the t&c's as you've mentioned.