Howdy, Stranger!

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


Kimsufi refuses to refund
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.

Kimsufi refuses to refund

Hello people,
Some days ago i accidentally purchase a France server instead a Canada server. I buy one or two Kimsufi servers a month since 2018 and this was my first mistake. Ten minutes after i realized that was the wrong location, i bought on the correct location and opened a ticket asking for refund the wrong one. Despite the European law allow 14 days refund for a unused product (OS was not installed) the Kimsufi English support keep saying that if my account is a company and not personal (my Kimsufi register have my website name) , then the 14 days refund does not apply to me. Is that true?

Comments

  • Not sure about that kinda low but these days OVH support staff going crazy. I went through a service transfer opened a ticket one agent said possible later the another one said it can't be done.

    Thanked by 1pbx
  • Yes the 14 days refund is only for personal products, if the server is bought on a business account the 14 days refunds do not apply.

    Thanked by 2RapToN ralf
  • If you have an european account, there should be a button to cancel the order within the 14 days. I've done it before. Not sure if your account is not european.

  • @fredo1664 said:
    If you have an european account, there should be a button to cancel the order within the 14 days. I've done it before. Not sure if your account is not european.

    I have never seen a button to cancel order on my EU account.

  • @wii747 said:

    @fredo1664 said:
    If you have an european account, there should be a button to cancel the order within the 14 days. I've done it before. Not sure if your account is not european.

    I have never seen a button to cancel order on my EU account.

    In my French account it's possible, in the orders ("commandes") section. It use to be "Résillier", now in the OVHCloud interface I think it's "Annuler".
    I don't know for other countries unfortunately.

  • jordynegen11jordynegen11 Member
    edited March 2022

    Businesses have less rights than Individuals. They are right, they don't have to give you a refund.

    Thanked by 1RapToN
  • PulsedMediaPulsedMedia Member, Patron Provider

    @fvsantos said: Despite the European law allow 14 days refund for a unused product

    This does not concern digital services and goods, only physical "mail order" stuff.
    Offering 14day moneyback for hosting services in EU is completely optional by the provider.

  • @PulsedMedia said:

    @fvsantos said: Despite the European law allow 14 days refund for a unused product

    This does not concern digital services and goods, only physical "mail order" stuff.
    Offering 14day moneyback for hosting services in EU is completely optional by the provider.

    In the previous thread on LET about the cooling off period, people were saying you can get a prorated refund within the 14 days. (The full refund is probably what is optional)

    The cooling off period doesn't apply to businesses anyway.

  • PulsedMediaPulsedMedia Member, Patron Provider

    @NoComment said:

    @PulsedMedia said:

    @fvsantos said: Despite the European law allow 14 days refund for a unused product

    This does not concern digital services and goods, only physical "mail order" stuff.
    Offering 14day moneyback for hosting services in EU is completely optional by the provider.

    In the previous thread on LET about the cooling off period, people were saying you can get a prorated refund within the 14 days. (The full refund is probably what is optional)

    The cooling off period doesn't apply to businesses anyway.

    There is no cooling off period. Law is not a matter of opinion in this regard either.

    What is good practice however is completely different question on the other hand.

    Thanked by 1NoComment
  • As others here have said, you paid for a service not a product. Unfortunately there's no cooling off period.

  • Shot2Shot2 Member
    edited March 2022

    @fvsantos said:
    Hello people,
    Some days ago i accidentally purchase a France server instead a Canada server. I buy one or two Kimsufi servers a month since 2018 and this was my first mistake. Ten minutes after i realized that was the wrong location, i bought on the correct location and opened a ticket asking for refund the wrong one. Despite the European law allow 14 days refund for a unused product (OS was not installed) the Kimsufi English support keep saying that if my account is a company and not personal (my Kimsufi register have my website name) , then the 14 days refund does not apply to me. Is that true?

    According to the same "European Law", there are provisions waiving the right to a refund.
    See e.g. §14.1.2 of OVH's general terms of use pertaining to retraction ('Droit de rétractation') - if upon ordering you agreed to renounce such a right upon successful delivery (usually a checkbox), once the server is delivered you have effectively renounced your right to a refund upon retraction.
    BTW, it is not a matter of service vs. good - there are many exceptions for both kinds, in the European (and national) laws.

    Thanked by 1NoComment
  • @PulsedMedia said:

    @NoComment said:

    @PulsedMedia said:

    @fvsantos said: Despite the European law allow 14 days refund for a unused product

    This does not concern digital services and goods, only physical "mail order" stuff.
    Offering 14day moneyback for hosting services in EU is completely optional by the provider.

    In the previous thread on LET about the cooling off period, people were saying you can get a prorated refund within the 14 days. (The full refund is probably what is optional)

    The cooling off period doesn't apply to businesses anyway.

    There is no cooling off period. Law is not a matter of opinion in this regard either.

    What is good practice however is completely different question on the other hand.

    Well, I thought the context here was the cooling off period in EU. But I guess you would know better since you're operating a business in EU. Somehow a lot of people on LET think they are entitled to a no questions asked refund in 14 days if they are in EU.

    Thanked by 2Shot2 bulbasaur
  • PulsedMediaPulsedMedia Member, Patron Provider

    @NoComment said:

    @PulsedMedia said:

    @NoComment said:

    @PulsedMedia said:

    @fvsantos said: Despite the European law allow 14 days refund for a unused product

    This does not concern digital services and goods, only physical "mail order" stuff.
    Offering 14day moneyback for hosting services in EU is completely optional by the provider.

    In the previous thread on LET about the cooling off period, people were saying you can get a prorated refund within the 14 days. (The full refund is probably what is optional)

    The cooling off period doesn't apply to businesses anyway.

    There is no cooling off period. Law is not a matter of opinion in this regard either.

    What is good practice however is completely different question on the other hand.

    Well, I thought the context here was the cooling off period in EU. But I guess you would know better since you're operating a business in EU. Somehow a lot of people on LET think they are entitled to a no questions asked refund in 14 days if they are in EU.

    People feel entitled to a lot of things sometimes, but that does not mean it would be legal obligation.

    Many providers, us included, choose to go beyond what is necessary and that might quickly create an false image that it's the legal minimum. 14days has formed into very common policy. It's just good practice.

    Thanked by 1bulbasaur
  • ralfralf Member

    @fvsantos said:
    I buy one or two Kimsufi servers a month since 2018 and this was my first mistake.

    If you really buy KS servers this often, surely you'll find a use for this server very soon anyway...

  • jarjar Patron Provider, Top Host, Veteran

    There was a day when I would have laughed about the idea of a kimsufi refund but with the setup cost and everything together, it's not quite insignificant anymore.

  • EnvidaEnvida Member
    edited March 2022

    @NoComment said:

    @PulsedMedia said:

    @NoComment said:

    @PulsedMedia said:

    @fvsantos said: Despite the European law allow 14 days refund for a unused product

    This does not concern digital services and goods, only physical "mail order" stuff.
    Offering 14day moneyback for hosting services in EU is completely optional by the provider.

    In the previous thread on LET about the cooling off period, people were saying you can get a prorated refund within the 14 days. (The full refund is probably what is optional)

    The cooling off period doesn't apply to businesses anyway.

    There is no cooling off period. Law is not a matter of opinion in this regard either.

    What is good practice however is completely different question on the other hand.

    Well, I thought the context here was the cooling off period in EU. But I guess you would know better since you're operating a business in EU. Somehow a lot of people on LET think they are entitled to a no questions asked refund in 14 days if they are in EU.

    Not sure about EU law, but under UK law there is a definite 14 day cooling off period for consumers, not businesses though. It also definitely covers digital services, not just mail order goods. I'd assume it is the same in the EU as the legislation was introduced in 2013, before the UK left the EU.

    In the UK it's covered under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (The relevant section is here
    ... https://www.legislation.gov.uk/uksi/2013/3134/part/3/made).

    The 14 day period starts the day after the contract was made. In the case of services, digital included, if it is agreed that the services are provided immediately, rather than 14 days down the line, consumers are entitled to a refund, minus the cost of the services they have used.

    The main exception is if consumers agree to receive downloads of software or music etc before the 14 day period is up, which is technically what people do when they buy a movie or something and watch it immediately) then they waive the right to a refund.

    [edit] - it seems it is pretty much the same in the EU -

    https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm#:~:text=In the EU you have,you simply changed your mind
    https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32011L0083&qid=1403274218893
    https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:31999L0044

  • JustHostJustHost Member, Patron Provider

    Oh god another one of these threads with the "law for 14 days" so many of these threads over the last few weeks, kimsufi is cheap anyway why lose sleep over it

  • This is where you remind them it may not be required by law, but it sure would go a long way in customer service for a 5 year customer and will be remembered when needing to buy more servers.

    Thanked by 1dahartigan
  • PulsedMediaPulsedMedia Member, Patron Provider

    @xHosts said:
    Oh god another one of these threads with the "law for 14 days" so many of these threads over the last few weeks, kimsufi is cheap anyway why lose sleep over it

    People ask refunds even for 0.25€ (we had a raffle and 0.25€ was the nominal fee to get one to limit number of fraud) -- it's just how some people are.

    We even saw that for some people 0.25€ is serious sum of money. I wonder how they can get even internet access if 0.25€ is serious sum of money.

    Thanked by 1fluffernutter
  • SaahibSaahib Host Rep, Veteran

    Ovh never refunds, atleast I am yet to see anyone. They sometimes transfer credits to other server as has been mentioned by some users here. I am yet to try it.

  • @PulsedMedia said:

    @xHosts said:
    Oh god another one of these threads with the "law for 14 days" so many of these threads over the last few weeks, kimsufi is cheap anyway why lose sleep over it

    People ask refunds even for 0.25€ (we had a raffle and 0.25€ was the nominal fee to get one to limit number of fraud) -- it's just how some people are.

    We even saw that for some people 0.25€ is serious sum of money. I wonder how they can get even internet access if 0.25€ is serious sum of money.

    There's also the principal of not having to pay a single cent for winning something. Shit, car companies still had to pay the taxes on the free cars Oprah gave away.

  • JustHostJustHost Member, Patron Provider

    @PulsedMedia said:

    @xHosts said:
    Oh god another one of these threads with the "law for 14 days" so many of these threads over the last few weeks, kimsufi is cheap anyway why lose sleep over it

    People ask refunds even for 0.25€ (we had a raffle and 0.25€ was the nominal fee to get one to limit number of fraud) -- it's just how some people are.

    We even saw that for some people 0.25€ is serious sum of money. I wonder how they can get even internet access if 0.25€ is serious sum of money.

    There seems to be so many of them online these days, complain about paying for anything, want everything dirt cheap but want the best service ever. If you say "You get what you pay for" so many are ready to jump on you and claim if you sell a service then it needs to be of quality but I see it as if you go down the low end route you will get a low-end service

  • PulsedMediaPulsedMedia Member, Patron Provider

    @xHosts said:

    @PulsedMedia said:

    @xHosts said:
    Oh god another one of these threads with the "law for 14 days" so many of these threads over the last few weeks, kimsufi is cheap anyway why lose sleep over it

    People ask refunds even for 0.25€ (we had a raffle and 0.25€ was the nominal fee to get one to limit number of fraud) -- it's just how some people are.

    We even saw that for some people 0.25€ is serious sum of money. I wonder how they can get even internet access if 0.25€ is serious sum of money.

    There seems to be so many of them online these days, complain about paying for anything, want everything dirt cheap but want the best service ever. If you say "You get what you pay for" so many are ready to jump on you and claim if you sell a service then it needs to be of quality but I see it as if you go down the low end route you will get a low-end service

    It goes beyond that, some people expect that the lower the price is, the better the service has to be. There are seriously people expecting for 3-5€ a month better service than on a 50€ a month service on top of the line hardware, and of course dedicated bandwidth and guaranteed transfer rates to their home 56k dialup connection of at least 500Mbps. Also cheaper the service is the more vocal and demanding in other regards some people tend to get, low cost services tend to gather those who are ultra demanding, entitled and think that providers should not be able to make a profit. Smallest hitch and they will cause ruckus.

    That's just how it goes, and that's the reason most providers stay the hell away from low cost services. Low cost equals highest service costs (not necessarily technical but human), yet the lowest amount of profit, and the highest level of risk.

  • NekkiNekki Veteran

    Low-key necro

  • @Nekki said:
    Low-key necro

    How much time does have to pass for necro? The last post is barely 3 weeks old.

  • NekkiNekki Veteran
    edited April 2022

    @dane_doherty said:

    @Nekki said:
    Low-key necro

    How much time does have to pass for necro? The last post is barely 3 weeks old.

    2-4 weeks is low-key necro, 4-6 weeks mid-range, 6 weeks+ full necrophilia.

  • @Nekki said:

    @dane_doherty said:

    @Nekki said:
    Low-key necro

    How much time does have to pass for necro? The last post is barely 3 weeks old.

    2-4 weeks is low-key necro, 4-6 weeks mid-range, 6 weeks+ full necrophilia.

    If you are a true necromancer, I need your help. Please lick h͟e͟r͟e͟

  • HostStageHostStage Member, Host Rep

    Actually the law is a little more complex. Any company under 5 employees and if the purchase isn't in their prime core of activities. (ie if you buy apples as a prime ingredient or as just a flavour), is entitled to the same law as consumer hence a 14 days refund.

  • With all the automation OVH does in the manager, you'd think OVH would add a "Cancel Server" button like Hetzner has. As far as I can tell OVH's billing department is spread thin, pretty much all of Billing Support on the EMEA side is handled by the office in Poland. Besides being a bunch of hostile imbeciles, they're probably quite overworked too so a lot of procedures that were offered in the past, are no longer offered.

Sign In or Register to comment.