Me: from Europe
Company A: from United States of America
I signed up for a service from company A.
A stated in their written e-mails to me that I would get a full refund when the service they provided results in failure.
While reading their Terms of Service I noticed a caveat that stated I would not get a full refund when their service resulted in failure. Due to this I asked company A what this means in regard to their earlier e-mail statements. They replied with the same message stating I would receive a full refund because the plan I was about to sign up for isn't included in the Terms of Service.
A's service resulted in failure. Due to this I asked for a full refund. The company replied there was a big misunderstanding which resulted in me not receiving a refund. After an email conversation they ended with: 'We'll get back to you a.s.a.p.'. Weeks go by but I did not receive any response.
In the meantime I contacted my credit card company asking them for the refund of the money. I received a statement I will not receive my money back because I agreed to A's Terms of Service.
My questions for this situation are:
- Did A commit fraud?
- Does their email supersede their ToS?