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Provider doesn't want to give me a refund even if I am in the EU and within 14 days of purchase - Page 2
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Provider doesn't want to give me a refund even if I am in the EU and within 14 days of purchase

24

Comments

  • Do yourself a favour and dont buy shared VM if you want best performance. Especially not 6core for 9$.

    Thanked by 1Erisa
  • @drizbo said:
    Do yourself a favour and dont buy shared VM if you want best performance. Especially not 6core for 9$.

    Noted.

  • FalzoFalzo Member

    @vitobotta said: @Falzo I forgot to mention that with possibly hundreds of servers I have bought and used in 20 years this is perhaps the 3rd time I ask for a refund.

    if you have that much experience, your topic here seems even more strange. one would assume you have a more fair expectation of what you can get for your money and depending on the sort of provider you buy from.
    If you that rarely withdraw/ask for a refund, it suggests that there is more to the story than just a mediocre vserver...

    @vitobotta said: What is wrong with my attitude? Genuine question.

    'I don't want to tell the name, so they can do the right thing' - how so, when they are not even registered here? are you rather trying to retaliate?

    also you seem to judge very quickly and call a very few selected numbers 'really bad performance' without backing your claims by any real numbers of value. why not just post a full yabs here for everyone to see the full picture?

    again: nothing wrong with you withdrawing from the contract within the correct legal scope. provider should refund and be done with it anyway.

    still doesn't change the fact that I think you should adjust your expectations or we'll see more of those threads of you every other week.

    Thanked by 3angstrom jar skorous
  • jarjar Patron Provider, Veteran
    edited March 2022

    @Falzo said: if you have that much experience, your topic here seems even more strange. one would assume you have a more fair expectation of what you can get for your money and depending on the sort of provider you buy from.
    If you that rarely withdraw/ask for a refund, it suggests that there is more to the story than just a mediocre vserver...

    I understand your hesitance to listen to what @Falzo is saying @vitobotta but if you get past any hit to pride and look at the content, what he's saying is going to be very useful for you as you shop around. This forum has a lot of exceptionally smart shoppers, he's one of them. Pay attention and you'll be one of them.

    Refund issue aside, it does look like you need some improvements on the shopping and expectation fronts, no shame in that.

  • HostSlickHostSlick Member, Patron Provider
    edited March 2022
    • invoices German 19% to every customer, even if you choose to be outside the EU.
    • "Core Backbone + Arbor + Corero DDoS Protection"
    • "Unesty Prewall + Unesty PYRUS DDoS Protection"

    but is single-homed (prob only bgp session on upstream router) with only 2x /24s to active-servers.com
    https://active-servers.com/ddos-protection.php

    strange :#

  • jackbjackb Member, Host Rep
    edited March 2022

    @jar said:
    Refund issue aside, it does look like you need some improvements on the shopping and expectation fronts, no shame in that.

    I dunno, specs aside - he's in the EU, he reasonably expects a 14 day withdrawal period from the contract with a refund of everything except reasonable costs.

    The performance he's seeing might be explained by block size etc, but it doesn't matter. The right to withdraw applies without needing a reason.

    Thanked by 3jar Falzo skorous
  • jarjar Patron Provider, Veteran
    edited March 2022

    @jackb said: I dunno, specs aside - he's in the EU, he reasonably expects a 14 day withdrawal period from the contract with a refund of everything except reasonable costs.

    That's going back to the refund issue, I was setting it aside for the technical.

    Get a refund that's fine, but improvements on shopping and expectations could reduce occurrences and that's beneficial in many ways.

    Thanked by 3Erisa Falzo dedicados
  • I understand that I need to adjust my expectations. Lesson learned I guess. But the fact remains that I am entitled to a refund and they are trying to avoid giving me one.

    Thanked by 2jar iKeyZ
  • FalzoFalzo Member
    edited March 2022

    @HostSlick said:

    • invoices German 19% to every customer, even if you choose to be outside the EU.
    • "Core Backbone + Arbor + Corero DDoS Protection"
    • "Unesty Prewall + Unesty PYRUS DDoS Protection"

    but is single-homed (prob only bgp session on upstream router) with only 2x /24s to active-servers.com
    https://active-servers.com/ddos-protection.php

    strange :#

    looks like a sole trader trying to grow ... he ran under §19 not too long ago I think. obivously calling himself 'company' as well as founder and ceo, does not make him a bigger legal entity anyway ;-) ;-)

    on a sidenote: is your photographer really named 'Mustermann' ? ;-)

  • mhnmhn Member

    My Unesty YABS:

    # ## ## ## ## ## ## ## ## ## ## ## ## ## ## ## ## ## #
    #              Yet-Another-Bench-Script              #
    #                     v2022-02-18                    #
    # https://github.com/masonr/yet-another-bench-script #
    # ## ## ## ## ## ## ## ## ## ## ## ## ## ## ## ## ## #
    
    Thu 17 Mar 2022 08:57:03 PM CET
    
    Basic System Information:
    ---------------------------------
    Processor  : QEMU Virtual CPU version 2.5+
    CPU cores  : 4 @ 4242.032 MHz
    AES-NI     : ❌ Disabled
    VM-x/AMD-V : ❌ Disabled
    RAM        : 980.6 MiB
    Swap       : 1024.0 MiB
    Disk       : 24.5 GiB
    
    fio Disk Speed Tests (Mixed R/W 50/50):
    ---------------------------------
    Block Size | 4k            (IOPS) | 64k           (IOPS)
      ------   | ---            ----  | ----           ---- 
    Read       | 2.57 MB/s      (644) | 44.23 MB/s     (691)
    Write      | 2.58 MB/s      (645) | 44.40 MB/s     (693)
    Total      | 5.15 MB/s     (1.2k) | 88.63 MB/s    (1.3k)
               |                      |                     
    Block Size | 512k          (IOPS) | 1m            (IOPS)
      ------   | ---            ----  | ----           ---- 
    Read       | 114.54 MB/s    (223) | 167.27 MB/s    (163)
    Write      | 120.62 MB/s    (235) | 178.41 MB/s    (174)
    Total      | 235.17 MB/s    (458) | 345.69 MB/s    (337)
    
    iperf3 Network Speed Tests (IPv4):
    ---------------------------------
    Provider        | Location (Link)           | Send Speed      | Recv Speed     
                    |                           |                 |                
    Clouvider       | London, UK (10G)          | 746 Mbits/sec   | 895 Mbits/sec  
    Online.net      | Paris, FR (10G)           | 735 Mbits/sec   | 895 Mbits/sec  
    WorldStream     | The Netherlands (10G)     | 753 Mbits/sec   | 799 Mbits/sec  
    WebHorizon      | Singapore (400M)          | 271 Mbits/sec   | 400 Mbits/sec  
    Clouvider       | NYC, NY, US (10G)         | 600 Mbits/sec   | 471 Mbits/sec  
    Velocity Online | Tallahassee, FL, US (10G) | 377 Mbits/sec   | 433 Mbits/sec  
    Clouvider       | Los Angeles, CA, US (10G) | 284 Mbits/sec   | 211 Mbits/sec  
    Iveloz Telecom  | Sao Paulo, BR (2G)        | 309 Mbits/sec   | 180 Mbits/sec  
    
    iperf3 Network Speed Tests (IPv6):
    ---------------------------------
    Provider        | Location (Link)           | Send Speed      | Recv Speed     
                    |                           |                 |                
    Clouvider       | London, UK (10G)          | 756 Mbits/sec   | 704 Mbits/sec  
    Online.net      | Paris, FR (10G)           | 725 Mbits/sec   | 641 Mbits/sec  
    WorldStream     | The Netherlands (10G)     | 749 Mbits/sec   | 830 Mbits/sec  
    WebHorizon      | Singapore (400M)          | 233 Mbits/sec   | 373 Mbits/sec  
    Clouvider       | NYC, NY, US (10G)         | 655 Mbits/sec   | 230 Mbits/sec  
    Clouvider       | Los Angeles, CA, US (10G) | 349 Mbits/sec   | 253 Mbits/sec  
    
    Geekbench 5 Benchmark Test:
    ---------------------------------
    Test            | Value                         
                    |                               
    Single Core     | 961                           
    Multi Core      | 2870                          
    Full Test       | https://browser.geekbench.com/v5/cpu/13618920
    
    Linux 5.4.0-29-generic       03/17/2022      _x86_64_        (4 CPU)
    
    09:07:53 PM  CPU    %usr   %nice    %sys %iowait    %irq   %soft  %steal  %guest  %gnice   %idle
    09:07:53 PM  all    0.21    0.00    0.56    0.00    0.00    0.05    0.44    0.00    0.00   98.73
    

    Meh. It was much better a few months ago.

    Thanked by 2Falzo maverick
  • HostSlickHostSlick Member, Patron Provider

    @Falzo said: oks like a sole trader trying to grow ... he ran under §19 not too long ago I think. obivously calling himself 'company' as well as founder and ceo, does not make him a bigger legal entity anyway ;-) ;-)

    on a sidenote: is your photographer really named 'Mustermann' ? ;-)

    I just found it still says on some pages the paragraph 19, so might be.

    Maybe photographer wants to stay anonymous ;)

    Thanked by 1Falzo
  • tomletomle Member, LIR

    German providers can be very to the point about what you write. If you just write refund or cancellation, then they might deny it.
    You need to clearly state that you want to revoke the contract. Use the model cancellation form (if they have one, which they state in their terms).

  • SWSSWS Member, Patron Provider

    Please tell me this is not about a petty amount of 10 euros or something silly?

  • risharderisharde Patron Provider, Veteran

    How much IO are you getting? 189 MBs isn't that low. I mean it's beside the point though that you can probably legally win them based on the law.

  • NoCommentNoComment Member
    edited March 2022

    @vitobotta Why stop at a paypal dispute? This isn't about the money, it's about protecting your rights. Contact the consumer centres and give them trouble.

    https://www.ecc.fi/
    https://www.evz.de/index.html

    Also, I think you may want to temper your expectations a little bit. The most premium ryzens I have seen around here are 5950x and its single-core score is 1686 and 16555 multi-core.

    https://browser.geekbench.com/processors/amd-ryzen-9-5950x

    And 16555 divided by 32 threads gives you 517. Is a single-core score of 800 necessarily bad? I think not, if you were paying just 9 euros for 6 cores.

  • dfroedfroe Member, Host Rep

    As a side note, that company is not listed as commercial provider of telecommunication services by German Federal Network Agency (Source, pdf).

    So strictly speaking, at least according to German telecommunication law (TKG), they most likely aren't allowed to provide such services in Germany.

    Maybe this could help you revoking your contract.

  • stefemanstefeman Member
    edited March 2022

    @vitobotta said:

    @stefeman said:
    You cant do anything about it anyway.

    Why is that?

    Cuz you seem quite retarded to me if you are quoting EU laws when requesting a refund from some 5-10€ VPS which you bought with an intention to return anyway.

    I bet the provider wont care and will quote its own ToS back to you.

    Go sue them instead if its important to you lol.

  • @xHosts said:
    Please tell me this is not about a petty amount of 10 euros or something silly?

    Again! it's not for the small amount, but for the principle. Hope that it's clearer if I repeat it once again.

    I just got the refund after I replied angrily asking them to cancel my service immediately and make sure I won't be charged again. And they didn't even give a full refund lol. They refunded 8.42 euros out of 8.99 that I paid. Unbelievable. What kind of company is this?

    @risharde said:
    How much IO are you getting? 189 MBs isn't that low. I mean it's beside the point though that you can probably legally win them based on the law.

    I've seen that kind of "SSD" performance only with Contabo if memory serves me well. Any other provider I have used that sells at least regular SSD storage with virtual servers had much better performance than that.> @NoComment said:

    @vitobotta Why stop at a paypal dispute? This isn't about the money, it's about protecting your rights. Contact the consumer centres and give them trouble.

    https://www.ecc.fi/
    https://www.evz.de/index.html

    I got the refund in the end, although I wish they had been professional about it. But surely they cannot expect good publicity or reviews from me.

    Also, I think you may want to temper your expectations a little bit.

    I understand, you are not the first one to point it out and I agree that I shouldn't expect too much from a 9e server. But my point here is that I have a right by law to request a refund without explanation if I do that within 14 days. I am entitled by law to try a product or service I purchase online (apart from digital downloads like music and video or software) and cancel it if I don't want it anymore or even if I just change my mind. This is the law. One can agree or disagree with how it works but that's how it works. In my humble opinion this law makes sense.

    The most premium ryzens I have seen around here are 5950x and its single-core score is 1686 and 16555 multi-core.

    https://browser.geekbench.com/processors/amd-ryzen-9-5950x

    And 16555 divided by 32 threads gives you 517. Is a single-core score of 800 necessarily bad? I think not, if you were paying just 9 euros for 6 cores.

    I have used Ryzen servers from some providers (the most recent being Terrahost) that gave me around 1700 for the 5950X. At the moment I have one server with ST Hosting that gives me over 1200 with a 3970X.

  • @dfroe said:
    As a side note, that company is not listed as commercial provider of telecommunication services by German Federal Network Agency (Source, pdf).

    So strictly speaking, at least according to German telecommunication law (TKG), they most likely aren't allowed to provide such services in Germany.

    Maybe this could help you revoking your contract.

    Unbelievable.

  • ErisaErisa Member
    edited March 2022

    @stefeman said: I bet the provider wont care and will quote its own ToS back to you.

    The provider will quote it's own ToS which explicitly states that users are allowed refunds within 14 days? What good will that get them?

    OP has stated on multiple occasions they aren't fussed about the €9 but about the principle. Money aside, this provider is breaking the law and OP wishes to do something about it, no matter how small.

  • I forgot to mention, do you know what they said in the last reply before cancelling my account? To my request to make sure that they don't charge me again for the service, they replied "You are responsible that no charges will be done". What? I am responsible to make sure that they don't charge me? What does that mean?

  • stefemanstefeman Member
    edited March 2022

    Great that you got the refund. Now, im willing to bet another 10€ myself that you are in every single fraud list out there, as Unesty loves to report any "abusive" customers.

    You might get marked as fraud and rejected services by the next hosts if you are unlucky. This is why its not worth it.

  • @stefeman said:
    Great that you got the refund. Now, im willing to bet another 10€ myself that you are in every single fraudlist out there, as Unesty loves to report any "abusive" customers.

    You might get marked as fraud and rejected services by the next hosts if you are unlucky. This is why its not worth it.

    Have you experienced this with them or how do you know?

  • @vitobotta said:
    I forgot to mention, do you know what they said in the last reply before cancelling my account? To my request to make sure that they don't charge me again for the service, they replied "You are responsible that no charges will be done". What? I am responsible to make sure that they don't charge me? What does that mean?

    It means that cancel your preapproved payments with them from paypal settings, or money will be sent over automatically even when ur no longer a customer.

    Thanked by 1kkrajk
  • @stefeman said:

    @vitobotta said:
    I forgot to mention, do you know what they said in the last reply before cancelling my account? To my request to make sure that they don't charge me again for the service, they replied "You are responsible that no charges will be done". What? I am responsible to make sure that they don't charge me? What does that mean?

    It means that cancel your preapproved payments with them from paypal settings, or money will be sent over automatically even when ur no longer a customer.

    I see. I'll check that now. Thanks

  • @vitobotta said:

    @stefeman said:
    Great that you got the refund. Now, im willing to bet another 10€ myself that you are in every single fraudlist out there, as Unesty loves to report any "abusive" customers.

    You might get marked as fraud and rejected services by the next hosts if you are unlucky. This is why its not worth it.

    Have you experienced this with them or how do you know?

    Cause hosts like these tend to be vengeful, especially after you named them.

    Thanked by 1kkrajk
  • dfroedfroe Member, Host Rep
    edited March 2022

    @vitobotta said: They refunded 8.42 euros out of 8.99 that I paid.

    This actually could be fine - at least according to German law again.

    If you actually used the service within the 14 days period, i.e. used the VPS, consumed ressources, bandwidth etc., they are allowed to reduce the refund by the amount that was already used.

    So if a VPS costs 9€ for one month, you are using it for 2 days and then revoke the contract, the provider would be allowed to reduce your refund by 2/30*9 = 0.60€.

    However this right (compensation for lost value), although legally permitted, usually is not being enforced very often.
    In the end the "don't be a dick"-rule applies to both sides.

    Thanked by 2Falzo Ympker
  • stefemanstefeman Member
    edited March 2022

    @dfroe said:

    @vitobotta said: They refunded 8.42 euros out of 8.99 that I paid.

    This actually could be fine - at least according to German law again.

    If you actually used the service within the 14 days period, i.e. used the VPS, consumed ressources, bandwidth etc., they are allowed to reduce the refund by the amount that was already used.

    So if a VPS costs 9€ for one month, you are using it for 10 days and then revoke the contract, the provider would be allowed to reduce your refund by 10/30*9 = 3€.
    In your case the reduced amount equals about 2 days of usage.

    However this law, although legally permitted, is not being enforced very often.
    In the end the "don't be a dick"-rule applies to both sides.

    Basically it's like tipping in USA. If you deliberately leave a low tip, its a nice way to say "fuck you". Its much more polite to not leave a tip at all, rather than show your obvious dissatisfaction.

    You have to realize, that he can automate full refund with a press of a button but he has to manually change the sum and authorize a partial refund, so he actually took time just to give you 50 cents less, not to mention doing the taxes seperately for that 50 cents which you "paid" for the service since its considered income. Hence its usually better to just refund full amount and mark it off.

    Thanked by 1kkrajk
  • SGrafSGraf Member, Patron Provider

    @dfroe said:

    @vitobotta said: They refunded 8.42 euros out of 8.99 that I paid.

    This actually could be fine - at least according to German law again.

    If you actually used the service within the 14 days period, i.e. used the VPS, consumed ressources, bandwidth etc., they are allowed to reduce the refund by the amount that was already used.

    So if a VPS costs 9€ for one month, you are using it for 2 days and then revoke the contract, the provider would be allowed to reduce your refund by 2/30*9 = 0.60€.

    However this law (compensation for lost value), although legally permitted, usually is not being enforced very often.
    In the end the "don't be a dick"-rule applies to both sides.

    I'm with david on this. A refund (minus the part/time of the service used) is probably a pretty okay solution for both sides.

    Thanked by 1dfroe
  • jarjar Patron Provider, Veteran
    edited March 2022

    Surprised several comments came after the partial refund comment and no one mentioned PayPal fees. I don't know EU law but if I have to pay for someone to test my service and I'm otherwise violating the law, I'm moving out of that backwards hillbilly nazi state and to somewhere more civilized.

    Surely law allows them to keep costs that they cannot unspend. Giving the client back the PayPal fee sounds more like a gift than a refund, can't refund money you never got.

    Thanked by 2AlwaysSkint Erisa
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