Not allowing us refunds on stuff we've bought breaks EU rules

You know if you bought stuff ingame with the premise that PVE mode and talents etc would come to the game? You know a feature that was hyped up and talked, and heavily advertised about during a Blizzcon we paid money to even watch? Well this feels very much like false advertisement. I did not enjoy the pvp elements of this game too much for various reasons, but I decided to spend some money since the pve mode will come later. Well not its cancelled and no longer the game it was advertised as and hyped up as on Blizzcon. Give me my refund please.

Free of charge, 2-year guarantee for all goods

You always have the right to a minimum 2-year guarantee at no cost, regardless of whether you bought your goods online, in a shop or by mail order.

This 2-year guarantee is your minimum right, however national rules in your country may give you extra protection.

If goods you bought anywhere in the EU turn out to be faulty or do not look or work as advertised, the seller must repair or replace them free of charge or give you a price reduction or a full refund.

You can usually only ask for a partial or full refund when it is not possible to repair or replace the goods.

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Go ahead and try. But the digital goods weren’t purchased in the eu as Blizzard is an american company.
You’d have to peruse the american laws about this as well to have the best chance.

Go for it if you wish, just don’t hold your breath as it’ll be a tough fight.

Edit: the blizzcon tickets probably aren’t viable anyway as people paid for the entire convention, and not separately to watch an ad for a thing that might or might not happen.

Also, does any of this even hold up if the goods are digital? This only mentions goods bought through internet. As in a real item from an online shop.

Yeah these rules don’t apply sadly.

They’re Purchased on European servers. Which are hosted in the EU. And only using an European market.

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not an expert here but… Guarantee is if your product is broken. If it turns out to be something you did not expect, you usually online have like a 2 weeks period where you could return it. And the 2 year period is related to electronical equipment… Would be very surprized you could buy something online and return it after 1,5 years just because it is not what you expected it to be.

That would completely ruin online businesses.

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Still. I just read up on the law article.
As long as the pve has not been mentioned in anything you’ve bought, you are not eligible to a refund based on false advertisement on that front.

Blizzcon ticket is a convention ticket.
Watchpoint and other packs are digital goods (advertised as battlepasses and cosmetics for the game that exists right now as you unlock them pretty much immediately. Also in-game currency for cosmetics)

Nothing has been sold as “stuff to enjoy in pve” or the like.

100% this.
You get a 14 day “grace period” that’s it.

After that you’re trying to return used goods.

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its less than 14 days since they changed what they promised tho.

Promises aren’t worth anything.

You had nothing, you received nothing. So you want a refund on nothing?

If you bought something on a “promise” there might be something else in the future… Sorry, that’s a you problem.

The game was heavily advertised with this as one of the main reasons of turning it into overwatch two. People spent money because this is hbow it was advertised. The advertisement is a lie, and Blizzard are beding frauds.

Originally it was advertised as a pve only game.
But when it released, it was released with no mention of pve and it was free. Even if they advertised the game could be pve, you did not pay for the game . So even if a refund would be loosly applicable there, it isn’t because you did not pay to install and play ow2.

Battlepasses and skins have been sold as battlepasses and skins, no false advertisement there.

Even if it was

The game is free. What refund do you want.

In-game purchases you’ve made in the past stand in no relation to the unreleased, now cancelled PvE mode. You can’t argue that you’ve purchased skins because PvE is on the horizon. Your content has been delivered and the existing game does not change despite of these cancellation news.

Also a reminder that by purchasing on Blizzard (and 99% of other digital stores) you explicitly agree to waive your refund rights (Terms of Sale).

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For anyone ever getting this reply, and I refer to ‘waiving’ your rights here, don’t ever think you have no rights just because a terms of sale demands you to waive your rights. Demanding a customer to waive their rights for a purchase is not legal and usually doesn’t hold up in court, even if you agreed to the terms for your purchase. Don’t listen what Pachimari says in terms of waiving your rights as it is nonsense, at least in the EU.

In general I would like to advice any consumer to educate themselves a bit on consumer laws and remember that what companies demand in their terms doesn’t always mean that it is legal, that it holds up in court or that you have to comply to it. Even if you agreed to it.

As for the topic starter’s demand, there’s a difference between warranty (or garantue as OP describes it) and the 2 weeks refund policy.

  • In the EU, you can get refunded for most online purchases within a two week period and you don’t have to give any reasoning for this. So if your reason is “I just want to refund” than that’s enough and the seller should comply to this. This ALSO applies to digital goods. Naturally without damaging your purchased goods. However this two week period has been long over for OP so he cannot make any claims to this.
  • Than there’s the 2 year warranty, I think Pachimari is right for the most part on that. There could be some case for false advertising as recently leaked information seems to indicate that Blizzard knew that PvE in its original envisioned form was never to make it into the game. They seem to knew it before the launch of OW2 and the first Watchpoint pack but I also don’t see how this relates to OP’s case.

One note to @Hieiko: that is pure nonsense. Blizzard operates within the EU market and has to comply to its consumer laws and comply to any region’s law they operate within.

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Ah, commenting on my first message and not the other two.

As something that is purely a digital purchase this all toes some fine lines in the laws, as the eu law jargon i read and commented in my following messages on only attaches the warranty and reclamation to “partial digital goods” nothing about “digital goods”.

Once the goods have been handed over successfully in the digital market, that’s basically it. There’s no room for reclamation after that.
none of the skins and bundles sold had any mention of pve, so no reclamation or returns based on false advertising as op wanted to claim.

The two year warranty they mentioned is only for physical goods.

I did not say that Blizzard generally does not provide refunds. That is clearly not the case (see Refund Policy) which follows the 14-days rule as you rightfully said.

What’s important to note is that there are exceptions to this rule and that it is not universal. Most digital providers will not offer a refund if you’ve used the content to a certain extent (e.g. playtime reached). This makes sense because imagine how many games you could play through in 14 days only to refund them afterwards. While EU policies are generally oriented towards consumers, this does not mean they can get away freely with unlimited refunds.

We should probably just come to the conclusion that OP is salty because of the PvE news and put an end to this thread.

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Salty? Maybe. If his consumer rights are violated than it’s his good right to stand up for himself. Not sure if that’s case here.

But you did say this (and that’s what I was mostly referring to):

I believe you have to be careful and delicate with these kinds of comments, especially when you are talking about waiving your rights.

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The person is somewhat salty. They’re asking for a refund on everything they’ve bought for ow2. From first season to now.

They do not have a right to refund much of that.

The 2 year warranty is only if the product is broken, and its not… Your in game purchases work just as good now as it did when purchased…

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Yeah legally he probably doesn’t have a right for a refund although it would be interesting to have an actual professional shed some light on this (lawyer). Morally speaking OP has all the right to be salty. Frankly I am too. I have defended OW2/Blizzard since its announcements and all the delays on many media, not only here but also some other places I hang out at and this is just very disappointing and another failure on OW2’s development history. I’m not anti-Blizzard or even anti corporate (as my posts might imply) but this is definitely a shady (legal) situation they’ve brought themselves into. I think this guy does a good job in describing it: https://youtu.be/sSoFR8dEP74?t=150

Thought personally I’m pretty satisfied with the shift to OW2/5v5/hero balance and I could live without the promised talents and the highly replayability stuff (whatever it means) but I would be infinitely disappointed and probably angry if we don’t get a good campaign, hero missions, story arc and lore. Those could even only be about the most established heroes (maybe the original cast?) and I would be happy.

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