I opened an account with bigpoint (dark orbit online game). I have bought various premium services for payment from paypal over a period from feb. Yesterday I was playing the game and saw my premium membership logo had dissapeared, so I thought the period had run out. I went to the banking area on thier site and payed £19.00 from my paypal account to them to renew my premium membership. I then tried to log back on to my account and found I could not. I tried several times over the next hour thinking it might be a server problem but still no luck.in the end I emailed thier support address and got an email reply saying they had terminated my account for using unauthorised script on the website. This is a matter of seperate dispute. I had been sent no email or message of any kind before this happened. So my account was terminated but they still took £19.00 from me without any intention of giving me the service i have paid for. When I asked them for a refund I was told no chance. Below is all messages that went between us, Make up your own mind if they are wrong, Do you think I am entitked to a refund?
My 1st mail to them.
I just paid to extend my premium membership 12.59 today because I noticed it wasnt showing any more. Straight afterwards I couldnt log in and the system tells me my username and password dont exist. So I got my password sent to my email to check nothing wrong, it arrived all ok as I expected, But I can still not log on. Please email me asap to tell me whats happening and when I can expect to log on again.
Answer: Hello,
Thanks for your question. My name is Etienne Belmar and I'll be your contact person for this process.
You have been found to be using an external bot to play the game for you. We developed a script to detect the users who used this and we have a accurate take on who was bot using. You are one of these users. Under the Terms and Conditions of Bigpoint, to which you agreed upon:
1.2.9 The Games and Services can only be accessed by means of a standard web browser or special tools which have been provided or expressly approved by Bigpoint GmbH (Ban on of non-authorized scripts).in other words: The use of programs which cause excessive server load are strictly forbidden. The application of software to systematically or automatically control games or individual game functions such as bots, macros, etc. Or to reproduce or evaluate games, game components or content provided on the Bigpoint platform is prohibited.
We have been leniant in this case and instead we have terminated your account under section 8 of the Terms and Conditions:
The User knowingly violates any law or the rules of the Games and/or Services, and does not discontinue his/her actions despite having received a warning. A warning is not required in case of a severe offense where it would be unreasonable to expect Bigpoint GmbH to remain bound by the contract.
And:
The User violates the prohibition of non-authorized scripts (see Sec. 1.2 above).
The account has therefore been terminated. The account will not be returned to you, and the rules on such matters have been clear to you. You willingly broke the rules of the game and the law; now you must face the consequences of this.
The evidence is clear and as such we consider this matter closed.
I hope I was able to help you with your problem/question and wish you lots of fun playing the game!
Sincerely,
Etienne Belmar
— Bigpoint Support&my reply:
Hello etienne belmar, Please make sure you refund all money paid to you after the termination. Your company accepted £19.00 sterling knowing that this account was terminated or about to terminate. Feel free to ban me if you think I have broken the rules but dont take money from me at the same time. Please repay the money to my paypal accout asap. You have happily accepted all payments to your organisation for the last 4 months funny how you enforced the ban just after I have paid more to you. Do not do this and accuse others of being cheats. I expect a prompt reply.
Answer:
Hello,
Thanks for your question. My name is Etienne Belmar and I'll be your contact person for this process.
You are not entitled to a refund haven been found violating the contract you have with us!
I hope I was able to help you with your problem/question and wish you lots of fun playing the game!
Sincerely,
Etienne Belmar
My reply:
You accepted the cash after the contract was terminated do not try to quote european contract law to me. If the contract was already terminated you had no right to take the money. Please refund the money asap to stop further action.
Answer:
Hello,
Thanks for your question. My name is Etienne Belmar and I'll be your contact person for this process.
That is not European law, is the contract you agreed, you have a legal problem, your lawyer can discuss it with the legal department, support already informed you that we will not process a refund for somebody cheating in our games.
I hope I was able to help you with your problem/question and wish you lots of fun playing the game!
Sincerely,
Etienne Belmar — My reply:
Hello, you took the money after the contract was terminated therefore anything in the contract is null and void, therefore refusing to refund the money paid to you after the contract was teminated is theft, you cannot hold a person to a contract that is terminated by the holder of said contract.
Answer:
Hello,
Thanks for your question. My name is Etienne Belmar and I'll be your contact person for this process.
Your layer can discuss it with the legal department, they can also discuss your right for a refund, this is not a game technical problem.
I hope I was able to help you with your problem/question and wish you lots of fun playing the game!
Sincerely,
Etienne Belmar
My reply:
Please give contact address, e-mail and phone number for your legal department then otherwise its a bit hard to get my solicitor to contact them. Also the name of the person to talk to who can answer my questions properly.
Answer:
Hello,
Thanks for your question. My name is Etienne Belmar and I'll be your contact person for this process.
The legal department can be found on all our game pages as well as on the Bigpoint portal.
I hope I was able to help you with your problem/question and wish you lots of fun playing the game!
Sincerely,
Etienne Belmar&At this point I gave up trying to talk to them and looked for the address that they mentioned but could not find it.
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