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Comments
Clearly not if I have to find that for you.
14 day cooling off period
In the EU you have the right to return purchases made online or through other types of distance selling, such as by phone, mail order or from a door-to-door salesperson, within 14 days for a full refund. You can do so for any reason – even if you simply changed your mind.
Digital goods such as hosting is not excluded from it.
You're just arguing something that almost everyone in the EU knows.
so you still claim things 'that almost everyone in the EU knows' but lack of providing a simple paragraph? I see.
btw, general information you quote from an informational page of the EU that is there to provide a highlevel overview do not make that a law in any way. if you found out how EU legislation works, let me know. maybe I can learn more from that...
Oh my. You really are an ... Open up the same legislation on the same "informational" page and learn to read.
Fuck do I look like to you? Google?
which shows a EU directive. again, no direct law. do you know how legislation in the EU works? seems like you don't, yet your argument is going to be call others idiots.
EU directives are exactly that, directives. these have to be translated into local laws of each country on it's own. so all they do is provide some general idea, common goal.
be my guest to go ahead and try to base your law suit on EU directive in a french court. I am sure you will outsmart them easily.
for Germany this is regulated in §355 BGB f.i. which says that 'verbraucher' aka end consumers have the option to cancel their orders. and if that happens both have to give back what they received.
so first point here is still to clarify if someone really is a 'verbraucher' - it nowhere says, that this just depends on the name or address you sign up with.
the other thing is, that this first paragraph is just the general rule which gets more specified in §356 and §357 where there are quite some additional restrictions, limitation and exceptions to that general rule.
last but not least this might even allow additional wiggle room to be put into the terms of the vendor you are dealing with.
yes - each european country will have something similar, however it might slightly differ in some details. however it's by far not as simple as looking at the rule of thumb the EU directive points towards to.
but don't mind me. I am probably just an idiot living in the EU and dealing with stuff like that on a daily basis.
He's entitled to a refund, it's pretty simple.
For you, Falzo:
https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm
It has links to the directives, right there.
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32011L0083&qid=1403274218893
A European guideline is used to make national laws. These laws can differ. In The Netherlands, like I said, digital services like hosting are generally exempt if you started using them. Note that this can differ per provider.
Services in general (think of a mobile subscription or insurance) aren’t exempt but usually will start after 14 days.
As for OP, as it’s unclear to us if he ordered as a natural person or a company it will be unclear for Online.net. As for Online, you probably should avoid them. Especially if you’re a hosting provider.
Edit: I’ve found the French rules in English: https://www.europe-consommateurs.eu/en/consumer-topics/buying-goods-services/shopping-in-france/right-of-withdrawal/withdrawal-right-or-cooling-off/
Seems like this is the case.
Whatever, this guy owns a bunch of money to online.net right now, and hopefully they will start knocking on his door in a few months.
I am obviously fully aware of exact these links and that's what I was referring to with my above answer.
again: a directive is not a national law. not even really a law which gives rights to individuals at all, which means you can't sue a company based on EU directives.
contractual terms (if legit) and after that national laws apply. you might apply at the european court if you consider the national laws not compliant, but that's still not about any individual rights.
also I wrote before I am really no fan of online.net, still I simply beg to differ on certain very generic/broad statements like announcing that someone is entitled to something just because.
no it's not. and that's my entire point.
thanks for digging into that and showing that excemptions like this might exist and might even apply here. I am resting my case.
You rest your case on "might"? While not understanding that EU member countries actually have to take over directives in one form or another.
Might is always a good funny word. My mother might be a dude. I might be Jeff Bezoz. That word is pretty meaningless. Now, if a French court has already had a case like this and decided Online didn't have to pay it back, sure. That's a whole another story.
Afaik OP went for a chargeback, that will definitely change the game.
The OP is not covered by the 14-day stuff for at least two unrelated reasons: use of a service for a professional activity (consumer rights then cease to apply, as it's governed by a different book of legalese); and explicitly renouncing retraction right once the contract for delivering a service has been succesfully executed. A long list of exemptions is exposed in article L.121-21[-8] of the "Code de la consommation", part of the French national law - deal with it, no need to mess with EU directives and theoretical stances.
Thanks for clarifying. Tho in the first part I think online needs to have an point in their tos for that.
First thing that came to my mind when I read the topic.
lol, really? to me it seemed you've been the one basing his initial statement on the directive directly while other pointed out, that it depends on the form or another in that country instead of claiming 'one rule for all'.
all you do now is just back paddeling. of course I haven't been smart enough to see what you really mean from the beginning because I thought you are just google. my sincere apologies 🤷♂️
Listen buddy, I really dont care what you think. Youve proven yourself as some "know it all" while not knowing shit actually. EU directives MUST be taken over by member countries in one form or another the same goes for the 14 day rule. You already stated thats not true and "directives dont work that way". They work exactly that way. Kindly dont tag me again as I dont have the patients nor the will to argue over this. Your "might" just told me all I had to know.
As for OP and online, just find a decent provider who knows what they are doing actually. CC chargebacks are completely legal if the provider doesnt want to uphold to local or external laws. If OP isnt from EU online also has to follow their local laws or not do business in that particular country.
But clearly Falzo knows better so ask him.
You two girls, get a room.
Now, OP never bothered to correct his walls of text, meaning he just doesn't give a fuck. So, gals, move on.
Triggered much? You didn't argue at any point anyway. unless you consider shouting claims without stating any source together with insults an argument.
I've never been on a forum with worse readers. Fucking bitches. "Walls" of text? In a small little forum post that takes all of 2 minutes to read? Normally, the complaint is a giant wall of text. "Walls" of text is just called "reading". There's several paragraph breaks and if that is too much, you better turn on Cortana and have her read the shit for you.