Online purchase of a digital product locked away, are they legally required to provide the items?

Question

I (European based) purchased multiple digital objects for an online game (US based) in 2014. In 2015, the account these objects were on was 'frozen'. (Reason stated at the time was cheating.) I quit the game because of this and in 2017 started playing again.

I tried to re-open the account, trying to prove I did not cheat. I have proof my account was hacked and closed because of the behaviour of this person. They did not accept this proof but couldn't prove I cheated either. It was a 'we have no records but computer says no' kind of situation. They suggested I created a new account to play on.

So I did this, but I wonder, are they required to give the purchased digital items back to me? Is there anything I can do to fight this? They have allowed me to continue playing, so what about my purchases?

I still have the records of all of these purchases I made.

Answer 1

...are they required to give the purchased digital items back to me?

This all depends on the Terms of Service (TOS) you agreed to when you opened the first account and bought the items. The TOS may state that they have the right to close your account if you are suspected of cheating and prevent you from downloading copies of the digital objects, even if they do not accept the proof of your account being hackes and even if they let you open a new account. Read the TOS and see what it says about accounts and purchases. It is a contract between you and the company.

It's possible they broke their own TOS (and contract) when it comes to locking your account and preventing you from downloading, but your options are limited, unless you engage in arbitration (possibly required by the TOS) or take legal action (expensive).

Caveat: there could be consumer protection agreements or laws between the EU and the US that may supersede the TOS and guarantee you more rights when purchasing products.