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Mathew Steel

EU Citizens - Know your consumer rights!

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Many people see ToS agreements between a seller and a consumer as above the law. Sellers in particular seem to think if you agree to a ToS, no matter what it consists of, that you cannot break the contract no matter what. Certainly, Escape From Tarkov's Russian developers Battlestate Games are definitely of this opinion with their shady ToS agreement which states:

 

 

"11.4.2. Any, including one-time, breach by the User of the conditions hereof or of the Key Documents, as well as the terms for using other games of Battlestate Games Limited. In this case, Battlestate Games Limited and/or the Licensor does not refund the User or reimburse any losses."

 

 

For those of you who may not understand what this is saying, simply put - Battlestate Games refuses a refund no matter what the reason is. If the product is faulty, falsely advertised, or not as promised, they will not refund you. But, you agreed to this upon purchasing the game, so surely you're out of luck? Well, not quite. As an EU citizen, you actually have many consumer laws protecting you from such agreements.

 

Firstly, "Unfair Contract Terms" provides a case for breaking the contract, stating:

 

"In addition to the general requirement of "good faith" and "balance", EU rules contain a list of specific terms that may be judged unfair. If specific terms in a contract are unfair, they are not binding on you and the trader may not rely on them."

 

 

In this case, not being reimbursed for a faulty product would absolutely fall under Unfair Contract Terms, and as such, the contract is void.

 

However, this does not end there. The Consumer Rights Act 2015 ensures eligibility to a refund for products that are unfit for purpose, faulty, or not as promised. Any product being sold within the EU, even if the company is not EU based, must abide by EU consumer laws.

 

If that isn't enough, there's more again.?EU Consumer Laws also reinforce what is already addressed, but with extra eligibility. Products bought within 14 days are eligible to a refund, regardless of what the reason, and regardless of what the ToS agrees. Secondly, products that are faulty should be attempted to be repaired or replaced by the seller, failing this, a full-refund is entitled.

 

 

I used the information above to receive a refund for my game. Battlestate Games refused a refund and so I went through the bank. My money has since been refunded.

 

Please, do your research before buying a product, and know your rights. For US citizens, you are also covered by the same type of laws under a different name.


"Gofyn wyf am galon hapus, calon onest, calon l?n."

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This is an important topic, and I am happy you made it through.

 

I would also like to add. It's not even about the EU only. Even in smaller countries laws explicitly say that one (in this case the costumer) cannot give up his right, not evening if you sign a contract. The law is above any contact.

 

However, here where I live it does matter where you buy stuff. There are many shops that don't sell their stuff legally. I can recognize many who sell stuff from AliExpress. So I just stick to those few that I know they're fine. And surely, it's all far from the state of things in developed countries, and I happy that at some of those useful things were forced by the EU to my country.

 

Out of curiosity. Did you buy the game online, or in a retail shop?

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I bought the game online directly, which makes it a bit more difficult to deal with! However, as I explained, I managed to get the refund.

 

And yes, most countries have their own similar laws that protect consumers!


"Gofyn wyf am galon hapus, calon onest, calon l?n."

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Yes, in that case your post is even more relevant. One could easily get to think how, if you buy something online, you can't get your country to help you. And who knows, maybe in my case it would be harder than for you - from the UK. Nevertheless, I have heard about laws like that. For example, when I make a booking of a hotel room, and I get charged, then I can get my money back now matter what the hotel states, because I was charged by the hotel without being physically there. Now, that sounds strange to me actually. Your example sounds more natural. But it's definitely worth reading those "few paragraphs". Luckily for us, today all those documents are available online.

 

PS.

"11.4.2. Any, including one-time, breach by the User of the conditions hereof or of the Key Documents, as well as the terms for using other games of Battlestate Games Limited. In this case, Battlestate Games Limited and/or the Licensor does not refund the User or reimburse any losses."

I don't know if it's because English is not my native language, but without your explanation I would have no clue what they meant to say with this. :D I was like "If I something, then something something... What!?" :D

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