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Prepaid hosting and deposits that can't be refunded
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Comments
Give discount and sell the server.
Hi,
then the only way would be that you buy for someone, all remains in your account and you order for this person what ever.
Good: You get at least some portion of your money back.
Bad: You are responsible for that ever this person does and it might be annoying if he ask you to install 20 times a week and solve technical issues accessing the console and stuff like this.
Sorry... seems you are stuck in this situation. Maybe at some point they will offer something that is interesting for you.
But keep in mind... this kind of credit does not live for ever. ( Max. 3 years according to law ) -- maybe/most probably less based on the TOS of the provider.
Good luck!
only prepay a sum if its worth to renew or its before due date. That makes the balance always zero after renewal and nothing to worry about.
This?
There has to be someway for you to not lose out here.
It is wrong. Vitto loaded money into account, not bought credits. This means that each time Vitto buys service - he receive valid vat invoice. This means account holds monetary value.
Hi,
a coupon == purpose bound money
While i am not sure if the translation is not a problem here...
I think in english a coupon means (also) a % reduction of a price. While in german its actually an absolute value of money that can be used to buy something. A % reduction would have another name.
Just like it was already said here, normally a prepayment would have to be returned. You as a company or who ever can not just keep money -- even you say so in your TOS. It would violate law as you did nothing for it so its some kind of overpayment for unfulfilled contract.
Thats why on this money there is no VAT. At that point no business happend actually. Also this money is actually no income of the company.
To solve this all contradiction, its simply considered paying for a coupon that do not need to be returned if not fulfilled.
Especially this here:
Is actually the same. Because the specific context here is NOT a bank. Its a company. You just cant load money into an account ( like money account like you have it with a bank ) with a company.
So if you give money to a company you ARE "buying" credit with them.
Good point.
So you need to determine
Service Contract (Dienstvertrag): Web hosting is a continuing service contract under the BGB. If you're terminating the service, unused prepayments should be refundable.
No mutual consent for "voucher" conversion: You paid for web hosting services. The provider cannot unilaterally convert your prepayment into a non-refundable credit/voucher without your agreement.
VAT issue: If they've declared VAT on services not yet provided (and now won't be provided), this creates a tax problem. Under German VAT law, VAT is generally due when services are performed. If services weren't performed, the VAT basis may need to be corrected, and you should receive a refund.
Your first lesson should be not to seek legal advice on LET or listen to low-end "lawyers".
If you are a consumer:
German courts (and the BGH, Federal Court of Justice) have ruled that similar clauses, such as those for prepaid SIM cards, are unlawful under §§ 307–309 BGB because they unreasonably disadvantage the customer.
The reasoning: the company provides no service for that money, so keeping it constitutes unjust enrichment under § 812 BGB.
Therefore, even if their AGB states “no refunds under any circumstances,” this can be struck down as invalid when you’re a consumer.
B2B transactions have weaker protections.
If you created your account as a “business” (checked “I am a company” or entered a company name/VAT ID), the clause is likely enforceable unless you can show it’s grossly unfair.
If you are a consumer, you can read more at https://www.eccnet.eu/
I don't see anyone here pretending to be a lawyer. We are purely discussing options.
Hi,
yes thats the point here. They somehow communicated it in the TOS ( no refund ).
I dont know what a judge will make out of all of it.
Company claim: Moneylaundry / TOS / ... rules
vs.
Customer claim: No service provided
I just red through their general terms of service a bit ( AGB ) and found this:
"
15) Spenden
15.1 Auf einer vom Anbieter zur Verfügung gestellten Spendenseite (spenden.24fire.de) können andere Benutzer Guthaben spenden und von internen oder externen Benutzern erhalten. Eine externe Zahlung ist eine normale Guthabenaufladung in Euro (€). Aufgrund des Geldwäschegesetzes (GwG) und der AGB einiger Zahlungsdienstleister kann das Kundenguthaben nicht ausgezahlt werden. Das Guthaben bleibt auf dem Kundenkonto, bis es nach den Datenschutzbestimmungen (DSGVO) gelöscht werden muss oder die Person verstorben oder nicht mehr handlungsfähig ist.
"
Spenden are donations....
And it seems they provide an URL where you can actually transfer money internally between users.... IF this works, maybe that could be a solution?!
Aside of that they claim that they cant refund because of money laundry ( GwG ) and because some TOS of payment gateways ?!?! Never heard of that but well...
I checked out this spenden.24fire.de URL and it leads to the mainside. Seems they deactivated it and didnt update their TOS?!
But since its still part of it, and not your problem @vitobotta maybe you can push them a bit lovely to make an exception for you.
Also ( and thats actually very important ):
IF your payment was recently and IF you just want to have it returned to your original payment source THEN hiding behind money laundry laws does actually not really work.
I think there cant be money laundry if Out and In is identical....
But all in all, after reading their TOS and their general appearance of their website talking about transparency and good partnership and all there might be some space of improvement to handle such cases.
EDIT:
And this:
is actually a good hint!
In the details the law says that the disadvantage should not be unrightful or overwhelming. But of course the company has also to honor the money laundry. So that this "disadvantage" "might" be justified.
If you can find a recent court order saying that its unlawful ( while the stronger money laundry rules are already in power ) then of course you would have automatically "won".
But in any way, its something you can pressure them
So gogogogo
And good luck!
EDIT 2: And of course as disclaimer: this is all no law advice here obviously from me and just opinion and interpretation. If unsure, ask a lawyer. But i hope you can make it through otherwise.
ask them if they accept custom orders, then order some pizza 🤔
Hi,
I received a message about this today. If you like, I'll be happy to take a look at it. However, my colleagues are quite right in saying that we do not issue refunds. This is stated in our terms and conditions, and must be accepted via a checkbox for every transaction.
We also don't just debit money from anywhere. On the contrary, we have exactly two options for customers to regularly and automatically top up their credit. Either through a standing order to our bank account or through a PayPal subscription. Both can be revoked by the customer at any time.
Well, we have made one or two exceptions in the past and waived our claims. Unfortunately, in 95% of cases, this resulted in us incurring exorbitantly higher costs than the transaction itself, or similar.
After that, we agreed within the team that we would no longer make any exceptions. I'm sorry.
Credits cannot be transferred. But I can also tell you that we have never “deleted” credits in all the years we have been operating. So (as things stand at present) they do not expire with us.
nein!
in english: no!
can i order a vps like a coupon too?
where there's a will, there's a way.
this company seems to be very much oriented towards the german civil service.
complicate everything to the point of exhaustion!
Surely, it would depend on how the customer requires a refund?
Granted, some payment providers don't refund fees but that still leaves it open to discussion. You have €70 in your account. After fees you will get €62
It's still an acceptable resolution.
Thanks all for the interesting discussion. I have created the account as an individual.
It’s not about the PayPal payments-I did go ahead and authorize those. What matters is that I still have some balance left in my account that I haven’t used. Since I’m not using the service now and don’t plan to in the future, I’d like to get that money back. It doesn’t feel fair that you keep it when I’m no longer getting anything from you. Right now, it feels like my own money is stuck hostage with you and I don't accept it.
I know your terms say you don’t give refunds for unused balances. I get that. But I’d really appreciate my money back because this just isn't fair to me as an individual consumer. And I’m not the only one who feels this way-others have said the same thing.
It's perfectly fine if you hold any fees for the refund, provided they are reasonable and understandable.
BTW the ticket in which I requested a refund has been closed and now there is this red banner on my dashboard:
Which translated says:
Vitto, just use service and quit at the end. Make the beat from current situation, do not leave money hanging. Even crapiest hardware and network can be used for dev.
i'm going to sit back and relax... the popcorn is ready.
Did you bring enough for everyone?
I asked my colleague who processed this ticket. I now know which ticket you are referring to. In this case, we only complied with your request that no further transactions be made.
In the EU, if you cancel your contract/s, they have to refund you prepaid to them.
"you think thats fair?" - no and as i said, in the EU its forbidden. Its not a matter of choice if they refund you.
I also requested a refund, besides cancelling the automatic top up. Can I please get a refund for unused balance?
yes sir!
I cannot publicly discuss transactions from your presumed customer account here. If you wish, please contact us via ticket and I will explain the issues to you.
My ticket has been closed. Should I open a new one?
@24fire
The validity of the credit balance must not be limited to a certain period of time. The same applies to vouchers for which money has been paid. If the company is registered in the EU or if it serves customers within the EU, this company must also comply with applicable law. Refunds must be made in the same manner as payment was made. If payment was made by credit card, the refund must be made to the credit card. Other options may be available for a fee.
welcome to German company with strict Policies to anything relate to money / cancel /auto charge
however not everyone is like this even when it get to exception
Since I see @layer7 comment, i have already in some situation when i don't forget to cancel my server with layer7 and it's get auto renew since i don't remove my debit card and that's not his fault and he explain that and refund money to my debit card not even to my credit (credit website) i don't even expect that
and another situation with layer7 with refund he refund me wrong amount money (More than server cost) and he say it's a gift
just some situation with provider make the flexibility in deal chat is easy to communicate
i have seen new or old company that require top up not to pay you bill and min is above 10€ = avoid them directly
Let this experience be a lesson for you so that you don't make the same mistake again in the future.