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Banning account for resquesting a refund


PIopi

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thats the point, i send a mail to the support asking for a refund of ncoin or at least some explaining of why they are doing nothing to fix the bugs, then they told me "we cant refund you the ncoins because  some of the ncoin has been used". well its ok to me, its true that i used some of the ncoin but then when i tried to log in into my acount i cant because its banned.

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1 minute ago, PIopi said:

thats the point, i send a mail to the support asking for a refund of ncoin or at least some explaining of why they are doing nothing to fix the bugs, then they told me "we cant refund you the ncoins because  some of the ncoin has been used". then when i tried to log in into my acount i cant because its banned.

Well , if that's true, send them another email.

 

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  • Amraith changed the title to Banning account for resquesting a refund

I am merely a law student (I have not been licensed through the UBE yet).

Purchases, like the one for NCoin, are a contract. It is very straightforward in contract law. NCSoft does not owe you a refund. When you put in a purchase order and they performed by giving you your NCoin or sent you a reciept (unilateral v bilateral contracts), then the contract was bound. (consideration is inherent in these types of transactions). They fulfilled their promise/performance and you paid them. THat is the end. They do not have to refund you, unless they did not perform their promise/performance, but you said you received your NCoin. . . so they did.
Why did they ban you? I do not know. You can be lying to us or you may not be giving us the entire story. Maybe you should read the mandatory browsewrap (The agreement) before clicking "accept" to better understand what happened to get your account banned.

My only problem with NCSoft is that the sale of services (NCoin) was taxed when I bought them. I live in Ohio and we do not have service taxes. NCSoft had reason to know this (I had to input my area code when purchasing AND my credit card information which both stated that I was domiciled in Ohio). Under UCC Article 2, we can look to UCC 2-105 (1) and see what the definition of a good is. We see that NCoin is not a good, therefore it is a service. Because it is a service, common law governs the contract. Sooooo NCSoft should not have taxed me, but they did. They may get a class action law suit, like in DeFontes v Dell if someone cares enough to file a complaint.

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In united states law this is legal.

MMO's are "services".  They are providing a service, not a good.  This is why most single player games are moving to being services, so they can circumnavigate these restrictive laws.  When you buy NCOIN, you are buying more features or things of that service.  Unless they outright take your money and don't give you anything, or give you the wrong thing, it's legal for them to stop service.

If you don't like it, write a congressman(or woman) to write legislation to increase consumer protections from online services.

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