Who is responsible for non-functioning marketplace sales?

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1

Hi everyone!

Yesterday, I purchased 3rd party addon Milas-Bodrum by Justsim in the MSFS 2024 Marketplace. Unfortunately, the airport is not visible after installation. After searching in the forum (here, here and here), I now know that many Justsim add-ons are not compatible with MSFS 2024, even though they are listed as compatible. However, this thread is not really about technical support, because obviously only Justsim can make the airport compatible and functional by releasing an update.

I am more concerned here with Microsoft’s customer service. After several attempts to install the add-on failed, I requested a refund from Xbox Support. This was rejected within two minutes without explanation, but obviously automatically. The next step was to contact Zendesk and describe the issue. I received the response that Microsoft/Asobo is not responsible for the add-ons provided in the Marketplace, but rather the developer, Justsim, whom I should contact with my problem.

At least according to EU and German consumer law, I consider this statement to be hardly tenable. Under German and EU law, the seller (retailer) is your contractual partner – i.e. Microsoft – not the manufacturer or, in the case of add-ons, the developer. Of course, I must be able to contact the seller, Microsoft, with non-functioning products in order to receive a functioning add-on or, alternatively, a refund.

I wrote an email to the developer anyway, which has not yet been answered. However, based on what I have read in the threads mentioned above, Justsim will hand responsibility back to Asobo.

To be honest, I don’t really care who takes responsibility for the non-functioning scenery. It is much more important to me that, as a customer, this should not be my problem. Because I didn’t do anything wrong. I purchased an add-on from the official 2024 marketplace that was listed as compatible with 2024. If this add-on doesn’t work after purchase, I shouldn’t be left to foot the bill and take responsibility for dealing with the developer (which I did anyway). As things stand, I seem to have spent €12.89 for nothing. In fact, I don’t know of any other shop where this is the case and where customers are left to fend for themselves like this.

I would be grateful for any recommendations as to who I can contact with my concern and how I can get a refund. Thanks in advance!:slightly_smiling_face:

2

You are correct with respect to EU Law. Virtual goods are subject to the same law. Additionally, even if the seller is based outside of the EU they are subject to the same 14 day refund law.

So yes, Microsoft is responsible for the refund if bought in MP but quite how you force them to do that needs someone to be brave enough and rich enough to take it to court.

Any lawyer’s available for pro bono?

3

And that’s the sad thing about it. The buyer is clearly in the right, but Microsoft doesn’t seem to care and is counting on the fact that no one will go to the trouble of taking legal action for a few euros.

However, there is an organisation in Germany, the Consumer Advice Centre, where you can report such practices and which will look into the matter free of charge.

4

This



is complete nonsense. Or am I mistaken that everything sold in the Marketplace undergoes testing and validation before being made available? Why else would developers have to wait weeks (or longer) for products to be made available for sale? Something doesn’t smell right.

5

These were the exact quotes from my email correspondence with zendesk, spread across two emails:

Mail 1: "We would like to inform you that add-on creators are responsible for the content they sell on the Marketplace. This includes addressing compatibility issues, resolving technical problems, fixing bugs and gathering feedback on features.

If you experience any problems or have suggestions about this add-on, please contact the developer to report the issue and request direct assistance. The developer(s) who created the content will have the best resources to answer your questions."

Mail 2: “There are over 4,000 DLC items available for purchase within the MSFS marketplace. The individual developers are fully responsible for supporting their content.”

But yes, I thought exactly the same thing.

6

The only thing that is being tested is whether it has negative effects on the game itself (crashes, etc.) and whether it violates any marketplace rules (weapons, nudity etc.)

As has been stated many times the Marketplace is just a sales platform like Simmarket. And you can get a refund for Marketplace purchases.

But when it comes to the product itself, Justsim is who you have to contact.

7

But the refund was denied to me without justification.

But that is not compatible with applicable law (at least in Europe), regardless of what Microsoft/Asobo claim. Microsoft is responsible for sales when they simply do not work. I don’t want anything more than a refund in such cases. Then everything would be fine for me.

8

If Microsobo has a refund policy in effect, it seems incumbent upon them to refund your money, as long as you follow their rules - which it sounds to me like you did. I could see their point if you waited weeks to request the refund. But you didn’t. You requested it the day after purchasing it from the Microsoft/Asobo Marketplace.

And they wonder why so many of us prefer to purchase from 3rd Party sites. Granted, some of them clearly state “No Refunds of downloadable content.” But Microsoft offers refunds, and they should have refunded your money, no questions asked.

9

That’s not true. I have had numerous products refused because of ‘issues’. One I clearly remember was the issue that the aircraft could not be controlled on take-off. Turned out the person who tested did not remove the gust lock. Caused some serious delay.

Mathijs Kok
PMDG

10

So that’s how this rigorous testing are conducted :scream: :roll_eyes: It’s no wonder that the Marketplace receives mostly junk products, while quality ones wait for months or years. :sweat_smile: :rofl:

11

I was under the impression that the process was changed during 2025 and developers are now responsible for approving their own products. Isn’t that why the weekly Market Place Update now has a column, Days from creator sign off to release’, to track how long Microsoft took in the release process?

Have you had any of the issues you’ve described since the release process change?

12

Exactly. And I completely understand that sellers also need to protect themselves. If digital products could be returned even after downloading, anyone who didn’t like an add-on would take advantage of that.

But in my case, it’s about a purchased product that simply doesn’t work. You can’t see anything in the simulator except flat terrain with a few cars (despite disabling all of my other add-ons via Addons Linker). In such a case, the contractual partner is responsible for a refund or replacement. And the contractual partner of the MSFS Marketplace is Microsoft, not the third-party developer. This means that the MS Marketplace is not comparable to, for example, the Amazon Marketplace, where purchase contracts can actually be concluded with third-party providers.

Incidentally, it is very important in such cases that we as buyers are protected by the legal regulations of our countries. If these laws did not exist, none of us would be able to make digital purchases on the internet safely anymore. We would never know whether we would actually receive the goods we purchased and whether they would work. That would be the end of online commerce. There must be clear rules about who is responsible as the contractual partner/seller if there is a complaint. In the case of MS Marketplace, that is Microsoft. In my case, this means that Microsoft must test the purchased add-on itself and, if the malfunction is confirmed, I must get my money back.

This thread is not about getting my €13 back, even though I had already purchased two other add-ons two years ago that did not work either and for which Microsoft never refunded me. My aim is rather to raise awareness that Microsoft is not behaving correctly towards us buyers in the case of the Marketplace and that this is also not in accordance with applicable law. Looking at the threads above about Justsim scenery, I don’t seem to be the only one who has lost money through purchases. But that should not be accepted.

Incidentally, I also find the process of obtaining a refund via the Xbox website more than questionable. I couldn’t find any reason why the refund of the purchase price was refused. And there is no way to respond to or question the refusal. It’s just the message ‘you won’t get your money back, tough luck’.

13

I think purchasing on the Marketplace is akin to using a credit card.

  • I purchase something online and give my money to the bank (Microsoft) and the bank (Microsoft) pays the vendor (developer) after taking their transaction fee. The key here is that I did NOT give money directly to the developer - I gave my money to Microsoft.

  • If the product doesn’t meet the legal ‘as advertised’ requirements (i.e. it doesn’t work) I can request a chargeback. The bank (Microsoft) will then determine whether my request is valid, and if so, refund my money.

This seems pretty straightforward to me.

14

Isn’t it against the law to say no refunds if the 2 week period has not passed.

By the way, EU law states that even virtual products are required by law to be supported by the manufacturing/developing company for 2 years

15

No, because the law doesn’t apply to digital content as it does physical products. But in this case, it’s immaterial. The simple fact of the matter is, MS are basically guilty of fraud
 and don’t seem to care. It’s totally unethical business practice and if someone were to take legal action, MS would lose (I can tell you that from experience — they quickly changed their tune when my bank made contact with them over an equally flawed product).

It is TOTALLY unacceptable that a large, ‘respectable’ company like MS chooses to break international trading laws in this way. They’re hoping you won’t take it further, using their size and reputation to effectively intimidate customers.

MS can censor this post (or thread) as much as they like — doesn’t change the fact that they are knowingly breaking the law in several countries.

Perhaps the key here is to tag community managers? Something needs to be done. But honestly, I wouldn’t let this drop. It’s about principle, not money. The more people accept this insidious behaviour, the less of a deterrent there is to put a stop to it.

16

In the EU, the law applies to virtual products

17

It applies to virtual products but only up to the point you download them. You waive your right of withdrawal at that stage. If the product is defective, however, the same ‘reasonable expectations’ apply to digital content as they do physical items. Unlike with physical products, you don’t automatically have a right to reject digital content within 30 days, just because you don’t like it or change your mind (unless of course you never downloaded it)

19

Thanks! I will wait until Monday to see if Justsim responds to my email, and if not, I will write to Zendesk again (and also point them to the other threads about Justsim sceneries not working in 2024). If that doesn’t help, I will also contact my bank. Actually, for me, it’s also a matter of principle.

20

JustSim’s FB page for those using it.

21

You might be right.

Mathijs