Legal Question in Business Law in California

I have an online account with an online store (codecanyon.net) This is a depository of programming scripts you can purchase and use on your websites. To purchase you have an account which you transfer money to in standard sums, $20, $100, etc. If you don't use the money in one years time they confiscate it and set your account to zero balance, is this legal to do?


Asked on 4/01/13, 4:04 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Well, first of all, the answer to legal questions like this will generally depend upon the state law of the state specified in your contract, if any, under the laws of which the contract will be construed and governed. It may be illegal in a few states, but I think is legal in California and most other states.

The, of course, the second factor to be considered is whether the contract actually contains a provision for the deposited funds to accrue to the online store if not used. The store can't just make stuff like this up out of thin air.

So, in order for you to be entitled to a refund, the provision has to be lawful in the state under whose laws the contract will be interpreted, and it has to be a term of the contract. Absent either factor, you'd be entitled to a refund.

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Answered on 4/01/13, 7:00 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Sorry, I garbled my logic in the last paragraph. What I meant to say is for you NOT to be entitled to a refund or continued credit, the policy calling for your balance to be zeroed out has to be (a) legal in the state whose law applies, and (b) set forth in the contract.

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Answered on 4/01/13, 7:05 pm


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