Garrett Blacknova
Codex Troopers
2677
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Posted - 2013.05.05 01:38:00 -
[1] - Quote
Smooth Head wrote:If you don't believe me go and call your bank! ...and they'll tell you there's a maximum 2 month (depending on credit card company and bank) time limit on chargebacks. I love how you completely ignore that part. I've pointed it out before, you didn't reply, and now you're still here saying "chargeback" like it's a magical solution in spite of NO LONGER BEING AVAILABLE TO ALMOST ANYONE AFFECTED BY THIS PROBLEM.
Nice that you're trying to give people more options though.
Now, onto the actual topic.
CCP had promoted the original Merc Pack release with very specific - and very clear - wording. Here, have the full quote:
Quote:*IMPORTANT NOTICE: During beta periods, CCP may need to reset characters, skills and other items included in the DUST 514-« Mercenary Pack. DUST 514-« Mercenary Pack will be credited in full to your in-game DUST 514-« account after each character reset and for the commercial release. CCP cannot guarantee all items will be identical and reserves the right to substitute items of similar value. No other form of refund is permitted. Now lets look at why people are still arguing about this, shall we?
Quote:*IMPORTANT NOTICE: During beta periods, CCP may need to reset characters, skills and other items included in the DUST 514-« Mercenary Pack. DUST 514-« Mercenary Pack will be credited in full to your in-game DUST 514-« account after each character reset and for the commercial release. CCP cannot guarantee all items will be identical and reserves the right to substitute items of similar value. No other form of refund is permitted. That says "after each character reset AND for the commercial release". Read it. And again if you're unclear.
It doesn't say "after each character reset including commercial release" It doesn't say "and at commercial release if you opt in for a reset" It doesn't say "and maybe at commercial release if we feel like it"
There's also the other bit that I put in bold. "NO OTHER FORM OF REFUND IS PERMITTED." Pretty clear that CCP put that in to avoid customers trying to cheat the system and get their stuff back outside of what was promised. But guess what? IT ALSO MEANS THEY CAN'T CHANGE THE DEAL ON US.
So what does this mean? Well, firstly, this is from the Merc Pack's product description on the PlayStation Store, and it's basically the same wording used on the Gamestop version. That product description forms part of the legally-binding purchase agreement that's necessary for people buying things to have any rights at all.
My local laws, as well as the arguably-applicable laws in the UK, are very friendly towards the consumer being given what was agreed to. There was no stipulation by CCP that the Merc Pack credit at commercial release would come with a reset. There was a stipulation that we were ALL entitled to a full credit of our Merc Pack's contents at commercial release. There was also a very specific statement that no other options are available for a refund of those contents. For me, that's legally binding in all potentially-applicable jurisdictions. If they're going to force us to take less than they agreed to give, or have our characters reset with everyone else's, I'm sorry, but that's changing the deal, and it's not the refund that BOTH PARTIES AGREED TO AS THE ONLY PERMISSIBLE OPTION.
I'd consider it to be a good-faith option if they let us take a REDUCTION in SP (based on number and type of boosters used) to get back the full Merc Pack contents. That would avoid the problems with "double-dipping" - and is (like the current option) arguably covered by the game's EULA (saying they have the right to alter things within the game for no reason except "because we can"). I think this option is better at honouring the intent in favour of what customers were led to believe we were purchasing, leaving less room to complain about being unfairly penalised for buying from CCP.
It would also be fair if they said "full reset of Merc Pack gear, but you have to give up everything EXCEPT your current SP." They wipe all your gear, ISK, AUR, etc, and you get a full refund of purchased AUR, and a full credit back of your Merc Pack.
Another option would be to refund everything EXCEPT Boosters. There's room to argue that the refunded SP is of "similar value" to the Booster(s) and/or AUR, particularly when you consider that they ARE refunding our SP on the 6th to be re-spent.
FINAL NOTE: I have one of the Merc Packs involved in this dispute, but I've avoided using my booster post-reset (for my own reasons), and I haven't used up enough of the other consumables for this to make a huge difference to my personal situation. The only thing that might change is the state of my AUR as a result of this decision. If I get back more than I originally had, I may come out ahead anyway. If not, I'll be pushing this issue for my own benefit as well as because of the facts involved in the case. If it looks like I'm going to come out ahead, but the deal is still not the deal agreed to, I'm still going to be pointing out that the deal being offered isn't the deal that CCP agreed to with the customer. |
Garrett Blacknova
Codex Troopers
2677
|
Posted - 2013.05.05 03:03:00 -
[2] - Quote
Rorschach Mustang wrote:Garrett, There's no clear wording on what a "reset" is. CCP could easily claim that a reset would be removing everyone's SP and ISK to everyone is on equal ground, similar to how MMOs in beta reset everyone's character when the game goes live.
In this case, it technically isn't a reset as everyone keeps their SP and ISK. It's just a respec. Actually, it's defined as "character reset" as explained by CCP elsewhere.
The argument isn't about the "reset" part though.
It's about "and for the commercial release" which doesn't specify anything about needing to be reset to get the credit. |