Howdy, Stranger!

It looks like you're new here. If you want to get involved, click one of these buttons!


Provider doesn't want to give me a refund even if I am in the EU and within 14 days of purchase - Page 4
New on LowEndTalk? Please Register and read our Community Rules.

All new Registrations are manually reviewed and approved, so a short delay after registration may occur before your account becomes active.

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

124»

Comments

  • JustHostJustHost Member, Patron Provider

    @zappata said:

    @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.

    Seems as you are on your time of the month, I am not the one starting a thread in an attempt to shame a company or start threats "under the law" for a few euros but clearly, you cannot see that point and would suspect you would actually be the one who would be the one returning items to the 99cent store when it would cost you more in time, gas and effort

  • Shot2Shot2 Member

    Just a FYI - ECC-Net sayz:

    The professional can also expressly ask you to give up your right of withdrawal so that services can begin before the expiry of the 14-day period, with your consent.

    Better pay close attention to what's behind the 'I agree' checkboxes... :D

    Thanked by 1Falzo
  • jordynegen11jordynegen11 Member
    edited March 2022

    You are correct, however not all EU-members have copy paste this European law. There are a lot of exceptions and most countries have other exceptions. But it's the job of the provider to tell you under which exception he is rejecting your request.

  • @zappata said:
    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.

    You would lose that bet. I could not be bothered to make a fuzz over a few dollars, especially when the provider delivered exactly what they promised.

  • To anyone hung up on the amount, that's not the motherfucking issue. It's that by law and provider's ToS, he was entitled to a partial refund.

    Whether it was $1, $10 or $100 is not the point and irrelevant. If you keep harping on about it, you're being the cunts that prevents the next guy from getting his lawful refund.

    Some of you guys never heard of "cost of doing business" and it really shows.

    Fucking mentioning Hitler and totalitarianism for consumer protection laws instantly makes you the unrealistic drama queen.

    Thanked by 3lazyt Liso vitobotta
  • JustHostJustHost Member, Patron Provider

    @TimboJones said:
    To anyone hung up on the amount, that's not the motherfucking issue. It's that by law and provider's ToS, he was entitled to a partial refund.

    Whether it was $1, $10 or $100 is not the point and irrelevant. If you keep harping on about it, you're being the cunts that prevents the next guy from getting his lawful refund.

    Some of you guys never heard of "cost of doing business" and it really shows.

    Fucking mentioning Hitler and totalitarianism for consumer protection laws instantly makes you the unrealistic drama queen.

    Really are you a woman on her period or that much of an idiot that you need to go on the verbal attack of abuse towards anyone who has a different view from yours, maybe yes he was entitled to a refund but put it into perspective he has wasted much more time and energy getting butthurt over such a small amount of money, I am sure there are much more important issues in the world than someone crying over less than $10, this is why more and more companies refuse to deal in the low-end market because of dealing with people like this. People like this end up costing companies more by crying, getting butthurt over nothing. They pay $10 but expect $1000 server, the sooner people live in the real world and realize you get what you pay for the market will be much better off.

    As for your attitude towards people because of their views and valid opinions, maybe get an education so you do not need to sink down to the level of foul and abusive posts that make you seem so silly.

    Thanked by 2jsg AlwaysSkint
  • @xHosts said:

    @TimboJones said:
    To anyone hung up on the amount, that's not the motherfucking issue. It's that by law and provider's ToS, he was entitled to a partial refund.

    Whether it was $1, $10 or $100 is not the point and irrelevant. If you keep harping on about it, you're being the cunts that prevents the next guy from getting his lawful refund.

    Some of you guys never heard of "cost of doing business" and it really shows.

    Fucking mentioning Hitler and totalitarianism for consumer protection laws instantly makes you the unrealistic drama queen.

    Really are you a woman on her period or that much of an idiot that you need to go on the verbal attack of abuse towards anyone who has a different view from yours, maybe yes he was entitled to a refund but put it into perspective he has wasted much more time and energy getting butthurt over such a small amount of money, I am sure there are much more important issues in the world than someone crying over less than $10, this is why more and more companies refuse to deal in the low-end market because of dealing with people like this. People like this end up costing companies more by crying, getting butthurt over nothing. They pay $10 but expect $1000 server, the sooner people live in the real world and realize you get what you pay for the market will be much better off.

    As for your attitude towards people because of their views and valid opinions, maybe get an education so you do not need to sink down to the level of foul and abusive posts that make you seem so silly.

    Man, how often do you want to mention anything period related? How old are you? 12? Go and read some books about the human body and stop writing bullshit.

    Thanked by 2vitobotta TimboJones
  • AlwaysSkintAlwaysSkint Member
    edited March 2022

    @xHosts said: maybe get an education so you do not need to sink down to the level of foul and abusive posts that make you seem so silly.

    Thanked for this comment, in particular, though education or lack thereof doesn't appear to make much difference in this forum.
    A shame really, as the rest of the Timbo post was mostly on target. :|

  • Provider probably couldn't refund you because they just sent your money for a provider tag here!

  • @vitobotta said: I am in Finland and this provider is in Germany, so we are both in the EU which means that by law I can withdraw within 14 days from purchase and I don't even need to give a reason.

    Quickly looking this up, that's not correct. That directive only covers physical goods not digital services.

    Secondly consumer rights only apply if you are a consumer. If you're using it for a business purpose then you're not a consumer and not covered by consumer law.

    Thanked by 1mrTom
  • @Aractus said:

    @vitobotta said: I am in Finland and this provider is in Germany, so we are both in the EU which means that by law I can withdraw within 14 days from purchase and I don't even need to give a reason.

    Quickly looking this up, that's not correct. That directive only covers physical goods not digital services.

    Secondly consumer rights only apply if you are a consumer. If you're using it for a business purpose then you're not a consumer and not covered by consumer law.

    First, what's not covered is digital downloads like music etc, second I bought the server as an individual for personal stuff, nothing business related.

  • JustHostJustHost Member, Patron Provider

    Digital downloads and digital services are different things under EU law

  • @vitobotta said: First, what's not covered is digital downloads like music etc, second I bought the server as an individual for personal stuff, nothing business related.

    Believe me when I say I understand consumer law. In the last job I had in a customer-facing role my superiors would come to me on matters of consumer rights because I knew that stuff inside-out (still do). Europe has less effective consumer rights laws compared to what we have here in 'Straya and my understanding is EU is intending to copy ours.

    The consumer rights though are VERY basic. No change-of-mind rights, it's literally: the goods or services are of acceptable quality, and a remedy is provided when they aren't. Cooling-off periods over here are State and Territory legislated and apply to unsolicited phone or door-to-door sales. Again some context here would help - one of my mates was friends with a person with a disability of low intelligence who would literally agree to any phone-sale he received - the cooling off period is in part intended to protect people like him from being exploited.

    The major limitation of consumer law as I said earlier is that it doesn't cover a business purchase. So if you as much as put ads onto your website they could reasonably say (IMO this is not legal advice) that you are not protected by consumer law as you're using the product for a commercial means. So that means to be protected by consumer laws we're talking about a minority of webhosting clients to begin with. If you want to be protected by consumer law you must strictly remain a consumer of the product/service.

    My basic reading of the EU's regulations do not align with yours - that is I do not think you're entitled to a change-of-mind refund within 14 days. If the product isn't fit for purpose you may have a case (it'd be a LOT stronger if you were an Aussie where that is made explicit in consumer law though). I may be mistaken, but you've not shown me any evidence which would make me conclude you have the rights you believe you have.

    Thanked by 1mrTom
  • @Aractus said:

    @vitobotta said: First, what's not covered is digital downloads like music etc, second I bought the server as an individual for personal stuff, nothing business related.

    Believe me when I say I understand consumer law. In the last job I had in a customer-facing role my superiors would come to me on matters of consumer rights because I knew that stuff inside-out (still do). Europe has less effective consumer rights laws compared to what we have here in 'Straya and my understanding is EU is intending to copy ours.

    The consumer rights though are VERY basic. No change-of-mind rights, it's literally: the goods or services are of acceptable quality, and a remedy is provided when they aren't. Cooling-off periods over here are State and Territory legislated and apply to unsolicited phone or door-to-door sales. Again some context here would help - one of my mates was friends with a person with a disability of low intelligence who would literally agree to any phone-sale he received - the cooling off period is in part intended to protect people like him from being exploited.

    The major limitation of consumer law as I said earlier is that it doesn't cover a business purchase. So if you as much as put ads onto your website they could reasonably say (IMO this is not legal advice) that you are not protected by consumer law as you're using the product for a commercial means. So that means to be protected by consumer laws we're talking about a minority of webhosting clients to begin with. If you want to be protected by consumer law you must strictly remain a consumer of the product/service.

    My basic reading of the EU's regulations do not align with yours - that is I do not think you're entitled to a change-of-mind refund within 14 days. If the product isn't fit for purpose you may have a case (it'd be a LOT stronger if you were an Aussie where that is made explicit in consumer law though). I may be mistaken, but you've not shown me any evidence which would make me conclude you have the rights you believe you have.

    https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm#:~:text=14 day cooling off period,you simply changed your mind.

    "If you bought a product or a service online or outside of a shop (by telephone, mail order, from a door-to-door salesperson), you also have the right to cancel and return your order within 14 days, for any reason and without a justification."

    I think it's pretty clear that I can request a refund even if I just change my mind.

  • JustHostJustHost Member, Patron Provider
    edited March 2022

    The link you quoted is for goods, not digital contracts / services

    https://ec.europa.eu/info/business-economy-euro/doing-business-eu/contract-rules/digital-contracts/digital-contract-rules_en

    With the new rules, consumers will be protected when digital content and digital services are faulty, and will have the right to remedies:

    • asking the trader to fix the problem
    • if the problem persists, get a price reduction or terminate the contract and get a refund

    You stated there has been no fault, you simply changed your mind = no refund

    Thanked by 1mrTom
  • @xHosts said:
    The link you quoted is for goods, not digital contracts / services

    https://ec.europa.eu/info/business-economy-euro/doing-business-eu/contract-rules/digital-contracts/digital-contract-rules_en

    With the new rules, consumers will be protected when digital content and digital services are faulty, and will have the right to remedies:

    • asking the trader to fix the problem
    • if the problem persists, get a price reduction or terminate the contract and get a refund

    You stated there has been no fault, you simply changed your mind = no refund

    Which part of "product or a service" is not clear?

  • JustHostJustHost Member, Patron Provider

    @vitobotta said:

    @xHosts said:
    The link you quoted is for goods, not digital contracts / services

    https://ec.europa.eu/info/business-economy-euro/doing-business-eu/contract-rules/digital-contracts/digital-contract-rules_en

    With the new rules, consumers will be protected when digital content and digital services are faulty, and will have the right to remedies:

    • asking the trader to fix the problem
    • if the problem persists, get a price reduction or terminate the contract and get a refund

    You stated there has been no fault, you simply changed your mind = no refund

    Which part of "product or a service" is not clear?

    Service on the link you provided refers to a service such as someone doing work for you, website design, builder, car repairs not digital service. These are two different things in the eyes of the law that is why it is now stated as services and digital services

  • @vitobotta said:

    https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm#:~:text=14 day cooling off period,you simply changed your mind.

    "If you bought a product or a service online or outside of a shop (by telephone, mail order, from a door-to-door salesperson), you also have the right to cancel and return your order within 14 days, for any reason and without a justification."

    I think it's pretty clear that I can request a refund even if I just change my mind.

    Okay what you're quoting there is completely different to what you were saying in the OP. You're entitled to repair/replacement/refund depending on defect.

    First you need to show the product or service was actually faulty - which you haven't done, it merely didn't meet your expectations. Second you don't have a choice over the remedy the vendor can fix the problem by solving your complaint and that's what that law is intended to allow them to do. E.g. if they can fix it by moving you to a server that fits the specs you expected then that solves the complaint.

    Do not get me wrong, consumer rights are supreme and cannot be countermanded and CAN be enforced. BUT they are limited and only (usually) apply in exceptional circumstances.

    Thanked by 1mrTom
  • @xHosts said:

    @TimboJones said:
    To anyone hung up on the amount, that's not the motherfucking issue. It's that by law and provider's ToS, he was entitled to a partial refund.

    Whether it was $1, $10 or $100 is not the point and irrelevant. If you keep harping on about it, you're being the cunts that prevents the next guy from getting his lawful refund.

    Some of you guys never heard of "cost of doing business" and it really shows.

    Fucking mentioning Hitler and totalitarianism for consumer protection laws instantly makes you the unrealistic drama queen.

    Really are you a woman on her period or that much of an idiot that you need to go on the verbal attack of abuse towards anyone who has a different view from yours, maybe yes he was entitled to a refund but put it into perspective he has wasted much more time and energy getting butthurt over such a small amount of money, I am sure there are much more important issues in the world than someone crying over less than $10, this is why more and more companies refuse to deal in the low-end market because of dealing with people like this. People like this end up costing companies more by crying, getting butthurt over nothing. They pay $10 but expect $1000 server, the sooner people live in the real world and realize you get what you pay for the market will be much better off.

    As for your attitude towards people because of their views and valid opinions, maybe get an education so you do not need to sink down to the level of foul and abusive posts that make you seem so silly.

    Wait, what? My post was the abusive one? Where I said you're being cunts for hassling someone in the right? And then you somehow think you're better by ranting about periods and education and difference of opinion? Jesus Christ, fuck off you self-awareness lacking, hypocritical cunt.

  • JustHostJustHost Member, Patron Provider

    @TimboJones said:

    @xHosts said:

    @TimboJones said:
    To anyone hung up on the amount, that's not the motherfucking issue. It's that by law and provider's ToS, he was entitled to a partial refund.

    Whether it was $1, $10 or $100 is not the point and irrelevant. If you keep harping on about it, you're being the cunts that prevents the next guy from getting his lawful refund.

    Some of you guys never heard of "cost of doing business" and it really shows.

    Fucking mentioning Hitler and totalitarianism for consumer protection laws instantly makes you the unrealistic drama queen.

    Really are you a woman on her period or that much of an idiot that you need to go on the verbal attack of abuse towards anyone who has a different view from yours, maybe yes he was entitled to a refund but put it into perspective he has wasted much more time and energy getting butthurt over such a small amount of money, I am sure there are much more important issues in the world than someone crying over less than $10, this is why more and more companies refuse to deal in the low-end market because of dealing with people like this. People like this end up costing companies more by crying, getting butthurt over nothing. They pay $10 but expect $1000 server, the sooner people live in the real world and realize you get what you pay for the market will be much better off.

    As for your attitude towards people because of their views and valid opinions, maybe get an education so you do not need to sink down to the level of foul and abusive posts that make you seem so silly.

    Wait, what? My post was the abusive one? Where I said you're being cunts for hassling someone in the right? And then you somehow think you're better by ranting about periods and education and difference of opinion? Jesus Christ, fuck off you self-awareness lacking, hypocritical cunt.

    My point proved again, you cannot even see how much of a problem you really have.

  • Shot2Shot2 Member

    @vitobotta said:
    "If you bought a product or a service online or outside of a shop (by telephone, mail order, from a door-to-door salesperson), you also have the right to cancel and return your order within 14 days, for any reason and without a justification."

    I think it's pretty clear that I can request a refund even if I just change my mind.

    Unless you agreed to renounce this right.

  • I gotta say, I hope this isn't the start of a new branch of @vitobotta posts! I enjoyed the "which colour of cat do you favour most?"-type posts.

    Thanked by 1bulbasaur
Sign In or Register to comment.