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

vitobotta

@jar said:
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.

The law actually says that you are entitled to a full refund of the amount you paid.

jar

@vitobotta said:

@jar said:
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.

The law actually says that you are entitled to a full refund of the amount you paid.

Well then, tell your boy Hitler to lay off regular people trying to put food on their table. What a backwards totalitarian nightmare. You don't like acceptable performance so they have to experience a net negative cash revenue, anyone passing that law is a grade A douchebag and so is anyone supporting it. That's just straight up uncivilized caveman shit.

You signed up, you set expectations that were neither communicated nor promised, makes sense you should steal money out of their pocket on the way out...in Russia.

Nekki

If this was for $7, I’m going to piss myself laughing,

dfroe

@vitobotta said: The law actually says that you are entitled to a full refund of the amount you paid.

As you might be more familiar with European law, do you know the actual source for a full refund without any compensation?

In German law there is §357 Abs.7 BGB (German) mentioning the compensation for lost value when revoking a contract.
And - usually - national law has to comply with European law.

According to this site, partial refunds for service which have been actively used before withdrawal are also valid according to EU laws.
https://www.europe-consommateurs.eu/en/shopping-internet/14-days-to-withdraw.html

Regarding payment processing fees, I am very unhappy that we don't have a convenient online payment system maintained by the banks itself, independent of profit-oriented companies like PayPal. Luckily there is SEPA within the EU but unfortunatelly SEPA instant payments aren't adopted widely and barely integrated in online shops.

So when paying fees to PayPal you'd rather have to refund those fees from them - in theory. In practice that money is burned and gone. It might be goodwill but in my opinion it wouldn't be fair to force a provider to pay your payment fees on a refund.

stefeman

@Nekki said:
If this was for $7, I’m going to piss myself laughing,

It was $8,99

dfroe

@Nekki said: If this was for $7

nah, it was about €9 which nowadays equals $10.

NoComment

@dfroe said:

@Nekki said: If this was for $7

nah, it was about €9 which nowadays equals $10.

He won't stop till he gets back his €0.57

Aidan

@vitobotta said:

@jar said:
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.

The law actually says that you are entitled to a full refund of the amount you paid.

No, no it does not.

For services which have begun with your agreement before the expiry of the right of withdrawal, if you still wish to change your mind, you must pay the seller an amount corresponding to the service provided until you decide to withdraw. This amount shall be proportionate to the total price of the service. If the total price is excessive, the amount shall be calculated on the basis of the market value of what has been provided.

Source: https://www.europe-consommateurs.eu/en/shopping-internet/14-days-to-withdraw.html

vitobotta

Fair enough, I guess I remembered that detail incorrectly.

lowendclient

@vitobotta said:
I literally created the service, complained about the poor performance and was told that that the average I/O of 189 MB/sec of THEIR OWN BENCHMARK was acceptable, and of course I disagree. That doesn't look like SSD performance and the GB5 was 800-something, which is very low for the CPU they sell. That's why I asked for a refund.

I don't think it's a good reason for refund.
As you ordered a "Virtual Private Server" which is no "Dedicated Server" that means resources of the Node server are shared by all clients.
SSD with Raid10 can reach above 1GB/s I/O by course, but that's the speed shared by (hundreds of) your neighbors on the Node, you can't occupy all the I/O by yourself.
Some providers has to cap the speed to 100+MB/s to avoid this situation. That doesn't mean your disk is not SSD.

Goodtesteronline

Dont file Paypal dispute, also pretty sure you will have high % of losing dispute. Because I won similar case like that (as a seller with clear TOS) before. Also $9 is a small amount, as a seller I would instant refund.

EU Laws are headache. For lowend providers or any sellers who sell products with low margin, EU Laws is pain in the ass. EU return law + Vat tax law = WTF? I would rather have 1 US/Canada customers than 3 EU customers (except Switzerland, Swiss customers seem great). Personally, I have to raise price substantially just for EU region. I want to provide low cost to all customers but that not the case due to EU laws.

rcy026

@vitobotta said:
Fair enough, I guess I remembered that detail incorrectly.

There is absolutely nothing fair here at all.
You have basically ripped off a good provider for a few euros and your "principles".

SWS

@rcy026 said:

@vitobotta said:
Fair enough, I guess I remembered that detail incorrectly.

There is absolutely nothing fair here at all.
You have basically ripped off a good provider for a few euros and your "principles".

Could not agree more, happens way too much these days pay a few euros but expect the performance of a dedicated server and when it does not happen demand a refund after using the services and people wonder why so many small companies close

vitobotta

Why are many of you focussing on the fact that I expected too much from the server? Like I said a few times already I understand that and I have learned the lesson.

The matter I was trying to discuss is the EU law and the fact that this provider was trying to violate it.

Nekki

@vitobotta said:
Why are many of you focussing on the fact that I expected too much from the server? Like I said a few times already I understand that and I have learned the lesson.

The matter I was trying to discuss is the EU law and the fact that this provider was trying to violate it.
@stefeman said:

@Nekki said:
If this was for $7, I’m going to piss myself laughing,

It was $8,99

So just a polite giggle then.

SWS

@vitobotta said:
Why are many of you focussing on the fact that I expected too much from the server? Like I said a few times already I understand that and I have learned the lesson.

The matter I was trying to discuss is the EU law and the fact that this provider was trying to violate it.

The fact you firstly stress yourself so much rather than see it for what it is, take the loss and move on since its not worth the stress, yes it is was a fair amount of money it it is, put things into perspective.

You take the time and effort of bringing “law” into a transaction for under $10 is quite worrying to be honest, would you do the same if you receive 5 nuggets rather than 6 in your lunch would you start making an issue and bringing law in to it?

HostSlick

3 sites conversation now lol

Only one Button at unesty whmcs could have prevented it.

The good old refound button.

Pressing it can fix everything
Yesterday I refound 36€ because I will not change the customer ip Adress

I know why I just always press refound button. It saves me as the Provider alot of time too.

iKeyZ

@xHosts said:

@vitobotta said:
Why are many of you focussing on the fact that I expected too much from the server? Like I said a few times already I understand that and I have learned the lesson.

The matter I was trying to discuss is the EU law and the fact that this provider was trying to violate it.

The fact you firstly stress yourself so much rather than see it for what it is, take the loss and move on since its not worth the stress, yes it is was a fair amount of money it it is, put things into perspective.

You take the time and effort of bringing “law” into a transaction for under $10 is quite worrying to be honest, would you do the same if you receive 5 nuggets rather than 6 in your lunch would you start making an issue and bringing law in to it?

Regardless of the reason that OP wanted a refund, it's allowed for someone to request a refund within 14 days for any reason (in this case). Why should the OP take the loss and move on?

Not happy with a service? Ask for a refund (even minus the fees so both sides are OK). If a company is going against the law, that's the companies problem, not the OP's, regardless of $10 or $1000.

mrTom

Has anyone mentioned that if you order "a server" you are most likely doing it as a business and therefore consumer protection laws dont apply to you at all...

Aidan

@mrTom said: Has anyone mentioned that if you order "a server" you are most likely doing it as a business and therefore consumer protection laws dont apply to you at all...

That's... Not how it works.

SWS

@iKeyZ said:

@xHosts said:

@vitobotta said:
Why are many of you focussing on the fact that I expected too much from the server? Like I said a few times already I understand that and I have learned the lesson.

The matter I was trying to discuss is the EU law and the fact that this provider was trying to violate it.

The fact you firstly stress yourself so much rather than see it for what it is, take the loss and move on since its not worth the stress, yes it is was a fair amount of money it it is, put things into perspective.

You take the time and effort of bringing “law” into a transaction for under $10 is quite worrying to be honest, would you do the same if you receive 5 nuggets rather than 6 in your lunch would you start making an issue and bringing law in to it?

Regardless of the reason that OP wanted a refund, it's allowed for someone to request a refund within 14 days for any reason (in this case). Why should the OP take the loss and move on?

Not happy with a service? Ask for a refund (even minus the fees so both sides are OK). If a company is going against the law, that's the companies problem, not the OP's, regardless of $10 or $1000.

Really over $10? If you have the need to stress over $10, spend time making threats of legal action, post on forums in at attempt to pressure the company into doing it clearly you need a new hobby at the end of the day.

iKeyZ

@xHosts said:

@iKeyZ said:

@xHosts said:

@vitobotta said:
Why are many of you focussing on the fact that I expected too much from the server? Like I said a few times already I understand that and I have learned the lesson.

The matter I was trying to discuss is the EU law and the fact that this provider was trying to violate it.

The fact you firstly stress yourself so much rather than see it for what it is, take the loss and move on since its not worth the stress, yes it is was a fair amount of money it it is, put things into perspective.

You take the time and effort of bringing “law” into a transaction for under $10 is quite worrying to be honest, would you do the same if you receive 5 nuggets rather than 6 in your lunch would you start making an issue and bringing law in to it?

Regardless of the reason that OP wanted a refund, it's allowed for someone to request a refund within 14 days for any reason (in this case). Why should the OP take the loss and move on?

Not happy with a service? Ask for a refund (even minus the fees so both sides are OK). If a company is going against the law, that's the companies problem, not the OP's, regardless of $10 or $1000.

Really over $10? If you have the need to stress over $10, spend time making threats of legal action, post on forums in at attempt to pressure the company into doing it clearly you need a new hobby at the end of the day.

The price is irrelevant (as I mentioned..). By law he's entitled to a refund.

vitobotta

@mrTom said:
Has anyone mentioned that if you order "a server" you are most likely doing it as a business and therefore consumer protection laws dont apply to you at all...

I purchased as an individual, not a business.

rcy026

@vitobotta said:
Why are many of you focussing on the fact that I expected too much from the server? Like I said a few times already I understand that and I have learned the lesson.

The matter I was trying to discuss is the EU law and the fact that this provider was trying to violate it.

Most people have some kind of moral standards or whatever you chose to call it.
When the provider does nothing wrong, they should not be punished. You might be correct according to the law, but as everyone knows the law is often a very blunt and promiscuous tool that is very often not fair at all. Taking advantage of this to basically punish a provider that has done absolutely nothing wrong just to gain a few euros and just for "principles" will not gain you many allies.

Mastodont

So many words but by law (and their own Terms and conditions) he's entitled to a refund. Partial, not full.

If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

jsg

Wow, 3 pages, so much attention for just about 60 cents. And frankly that, attention, is what OP seems to need most. So, a good deal for him.

vitobotta

@jsg said:
And frankly that, attention, is what OP seems to need most. So, a good deal for him.

What is that supposed to mean?

Salomon123

@vitobotta said:

@jsg said:
And frankly that, attention, is what OP seems to need most. So, a good deal for him.

What is that supposed to mean?

Read it again, if you don’t understand then forget it. You’re hopeless

Yes you have a right to refund but you willingly sign up for services expecting dedicated cores and resources for next to nothing. You even have thread post saying you signed up for Contabo services 3-4 times even though you had bad experiences with them

zappata

I bet all of the people who are saying "maaan don't make a fuzz about 6 euros" are sending 2$ dallar crap back to amazon and contact support if they don't get a refund in 24h.

Nobelst people on LET.

zappata

@xHosts said: Really over $10? If you have the need to stress over $10, spend time making threats of legal action, post on forums in at attempt to pressure the company into doing it clearly you need a new hobby at the end of the day.

You are posting twice in this thread and there is absolutely nothing in it for you. What's the matter with your hobbies? Edit: Sorry it's three times.