EU 14 day cooling off period vs. Hosting Services
A client recently pulled out the EU Law card, for a full refund, citing the mighty EU law for a VPS service which they customized to their liking and used for 7 days already.
Did you know that while EU law grants a 14-day cooling off period for online purchases, there are exceptions to this rule?
This cooling off period doesn't apply to goods or services that are made to order or clearly personalized.
The law exempts tailor-made services—just like the one-of-a-kind suit you can't return once it's crafted to your exact measurements.
Here is our conversation -
I would like to proceed with ordering vps as we talked about. But i would like this :
$40 per month
600mbit, so i can use the vps as vpn for my own pc and phone aswell.
Traffic wont be hitting 600/600 at all times. It is just a good to have, and peace of mind thing.
If all good, go ahead with this. Thank you.
I've added Invoice #1428 to account , kindly confirm once paid.
Hello sir. Are you still here?
Please advise how you'd like to proceed.
Since you are running a rather small business, i would like to have a invoice showing the specs agreed upon. Please delete the current invoice, and state all specs on a new one instead.
600mbit unmetered connection with no limits
Once this is done, please go ahead and provision the vm. I will pay the invoice asap.
I tried to reach you via live chat.
I've set the invoice as per your request.
Paid & activated, client uses the service for next 7 days.
Hello sir. Just one question for you :
Are you DMCA ignore?
If we receive any report we will forward it to you.
Can we lower the price if i want 400mbit unmetered instead?
I understand that pricing is an important consideration, and we appreciate your interest in exploring different options. However, I believe that the current plan you have, with a 600Mbit unmetered connection, offers the best value.
With the 600Mbit plan, you have a higher bandwidth capacity, allowing for multiple connections.
400Mbit will cost you around $35 with the same vps specifications.
In that case, i would like to cancel at the end of this billing period.
Since there has been less than 14 days, i would like to use my right for refund for my server on IP x.x.x.x
Reason being it is from time to time getting some packet loss, and i got a better deal for cheaper, thats why i asked about the pricing. Feel free to take it down any time and perform the refund. If you want, you can paypal me $30 (or send litecoin for $30 instead of refunding $40 back to my card.
paypal : ...
LiteCoin : ...
Me - Issues a prorated refund of $30.
Refund has been issued
Please allow 3-5 business days for the refund to appear on your original payment source & feel free to
let us know if there's anything else we can help you with
By eu law i have the Right for a FULL refund within 14 days for any online service or items. Please issue the rest of the money.
We understand that you believe EU law grants you the right to a full refund within 14 days for any online service or items. However, we would like to clarify the applicability of the law in your specific case.
As per EU law, the 14-day cooling off period does indeed provide consumers with the right to request a refund for certain online purchases. However, there are exemptions to this rule, and one of those exemptions includes goods or services that are made to order or clearly personalized, such as our customized plan.
In your situation, the plan we provided was tailored specifically to your requirements and preferences, making it a personalized service. Therefore, the standard 14-day cooling off period does not apply in this instance.
However, we value your satisfaction as a client, and we strive to maintain a positive business relationship with you. Considering this, we issued a prorated refund based on the number of days you had utilized the customized plan. This refund amount accurately reflects the portion of the service that you did not use.
It is not like you cannot resell those resources. Give full refund, or i will take this furter.
In the spirit of fairness, we issued a prorated refund, deducting only for the days the customized service was used. A fair compromise, don't you think?
What's your take on applying this to Hosting services ?
Are you a firm believer in the right to a full refund within 14 days?
Maybe you have a unique perspective to share!