Nexway Overcharging Swindle

Dodgeroonie

Hey Guys and Girls,

I recently purchased a computer game I had been eagerly awaiting by digital download. All the advertising / details of cost on the website were shown as £39.99.

Once I received my bank statement I found that they had not actually charged £39.99 but FR 65.91, which was converted to £41.10 as well as an additional £1 charge for a foreign transaction fee from my bank.

I'd paid it by debit card rather than credit card (doh!).

I have contacted the company and they offered a 5 Euro discount if I purchase another game (which I find totally insulting - how can I trust them to charge the right amount now?? and none of the other games are appealing), and now they are not responding to my e-mails.

They are a French company and all I want back is the additional amount they have charged, I don't feel that I'm being unreasonable especially as none of the terms and conditions state that the transaction may be in another currency.

Can anyone let me know what options I have (please)??

Thanks in advance.

Dodgeroonie

Butlers1982

whats the name of the company? The reason will be due to currency changes and im guessing there will be something in their T&C's to show this

Antispam

I get you Butler

Where you been then aint seen you around on ages

Hope you are well

Dodgeroonie

Thanks Butler but as I said everything is advertised in GBP£. Here is what the T&C's say re price:

From the terms and conditions that apply to the order -

ARTICLE 2 : PRICE

The sale prices listed on the website are in Euros and with all taxes included, unless otherwise noted. Within the framework of an order of box, the possible delivery charges are indicated to the User during his choice of products and are billed to him at the end of the order in addition to the price of the selected.
You will notice that for the European Union prices appear in Euros on the website but also in the currency of the shipping country for information, not that it has any contractual value.
Nexway refuses any liability for any errors or inaccuracies in the conversion system used, nor any differences that might occur between the total estimated value of your order and the billing amount.
We reserve ourselves the right to change our prices at any time but we are committed to apply the prices in force that were indicated on the website at the time of your order.

The prices are not in Euros and GB£ - I only see GB£ no matter what language I look at the page in. The invoices and receipts are also in GB£. An invoice is not an estimated value (especially not a VAT invoice) it is the final value.

Seeing as I can only ever see £39.99 as the price and as the invoice says £39.99 I think the last sentence is the most apt.

More to ponder.....

bingo_bango

Not sure on the French legislation. You need to speak to the UK European Consumer Centre. They are networked with the ECC centres across the EU, and can give invaluable advice (and sometimes actually contact traders to resolve issues) on settling problems such as these. Find them at http://www.ukecc.net/

DVardysShadow

Dodgeroonie wrote: »

Thanks Butler but as I said everything is advertised in GBP£. Here is what the T&C's say re price:

From the terms and conditions that apply to the order -

ARTICLE 2 : PRICE

The sale prices listed on the website are in Euros and with all taxes included, unless otherwise noted. Within the framework of an order of box, the possible delivery charges are indicated to the User during his choice of products and are billed to him at the end of the order in addition to the price of the selected.
You will notice that for the European Union prices appear in Euros on the website but also in the currency of the shipping country for information, not that it has any contractual value.
Nexway refuses any liability for any errors or inaccuracies in the conversion system used, nor any differences that might occur between the total estimated value of your order and the billing amount.
We reserve ourselves the right to change our prices at any time but we are committed to apply the prices in force that were indicated on the website at the time of your order.

The prices are not in Euros and GB£ - I only see GB£ no matter what language I look at the page in. The invoices and receipts are also in GB£. An invoice is not an estimated value (especially not a VAT invoice) it is the final value.

Seeing as I can only ever see £39.99 as the price and as the invoice says £39.99 I think the last sentence is the most apt.

More to ponder.....

I think they will be relying on the bit in green