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I said "depending on the cost order", but the rule of thumb is the losing party pays, unless you are in the States which follows the "American Rule”.
You are clearly not a practitioner. As a former law student I can assure you the judge will issue a cost order in almost all contract law cases unless your country follow the "American Rule”. If you don't know the "American Rule" and "English Rule", just google or check wikipedia.
when the merchants changed the payment/discount, I had to give it up. Leave that company is the only choice. It survives without me, and I do have alternatives without it. Just to see how long unethical merchants sustain in this buyer's mkt.
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I hate threads like this.
You do NOT HAVE THE ANY RIGHTS beyond a refund if you are not getting service. Any retailer who does stupid things like compensating or allowing you to get the product at the erroneous price is doing it as a good will gesture for them and making every other retailer suffer because customers like OP get even more entitled.
Anyone who wants to disagree with me better quote the CONTRACT and/or LAW and/or sufficient CASE LAW to demonstrate their opinion is valid. Bonus points if you include a legal opinion on letterhead.
I get to rant because I am not a provider here. They are the ones who have to put up with **** like this all day and cannot publicly rant.
OP, please send me $1.20 USD as compensation for wasting everyones time and I will distribute evenly to all participants.
I want to be compensated for you wasting my time reading this thread.
Once an order has been paid, it has legal effect. This can not be changed afterwards, unless both parties agree upon it. It's how law works.
However, regarding agreement, a refund should be accepted, simply because we are all humans and we all make mistakes. Imagine if throughout history every human being would have exploited the mistakes of others; society would have never evolved, and we would not have this debate. So let's appreciate, and respect, our flawed nature, because we like servers; yet we are not computers.
As a buyer, I shall always accept the refund, simply because I can accept mistakes and apologies.
Either provide a link to the law, or don't comment at all. Your 'legal opinions' are worthless without citations.
This is not true. An online order been paid is considered as an offer in almost all cases, it is up to the seller to accept or decline your offer. The bar for a test of acceptance is very high. It must be an absolute and unqualified acceptance. You will have a hard time to argue that a confirmation page is an acceptance. As I said before I can only see the actual delivery MAY be considered as an acceptance inferred from conduct, depnding on T&C or special clauses.
Most importantly, a genuine unconscionable pricing error is definitely not binding if the seller can prove it under the doctrine of unilateral mistake.
You forgot to add answer in your poll: open a drama on lowendtalk 😂
The contract is cancelled by hosting company so merchant refunded the order and cancel responsibility to fulfil the contract, the different issue if the merchant hold money as example: majority UK holiday companies unable to fulfil service and hold customer money due to various BS excuses.
Ok, so you like courts, I get it. When you will get a provider tag I shall keep an eye for your mistakes, record everything with logs and screenshots, then hunt you down and sue your ass in courts, because you like it hard. Whatever floats your
boatdoctrine my dear. Added you to my "friends" list, for the end is nigh, and I love drama on LET.Calm down mate.
As you can see I don't visit here often. I am neither a service provider nor an affiliate, just been redirected here from another forum. I do buy a few VPS for my personal uses though. OP was asking about breach of contract, so I provided my opinion. Of course you may disagree.
Now that's a LowEndLawyer :-)
This is true. It's also true in many other circumstances. Just saying "I want it" and "here's my money" is not acceptance.
Moreover, it's very common practice in the hosting industry for hosts to decline orders due to potential fraud. If they had to accept every paypal order that came through regardless of maxmind and their own checks, there would be no hosting industry.
Do not buy at this merchants again and tell others the true.
The true is that nobody should expect to have a positive relationship with their vendor after deliberately ripping them off.
And that is the entirety of the problem.
Have a Snickers, Joe Pesci.
You think wrong.
Grow up, little boy.
We don’t know the name of the merchant, so we cannot tell the true.
Some people placed the order and activated the server for 1 year. Then the merchant change to 1 month or refund. There is a email from the merchant.
CHAT99 code
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