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Can VPS merchants unilaterally cancel customer orders?
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Can VPS merchants unilaterally cancel customer orders?

wangdaleiwangdalei Member
edited June 22 in General

When you get an annual payment order with a very low discount (such as (99%), this is usually not a good thing for vps merchants. Vps merchants cancel the order with 99% as the reason for monthly discounts. Is this a unilateral breach of contract? What should you do?

What would you do?
  1. What would you do?36 votes
    1. Receive refund and delete server
      75.00%
    2. Do not receive
      11.11%
    3. others
      13.89%

Comments

  • hostworldhostworld Member, Provider
    edited June 22

    A web host can choose to stop providing services to a customer for any reason they wish as long as it does not violate laws on things such as discrimination etc. If the pricing is as a result of an error on their portal this does not mean they are obligated to provide the service at that price, and could cancel the service. However, they would have to issue a refund if they made that decision, or at least that is what they would have to do if they were a UK based business. I know the rules of trade aren't the same everywhere, but from a moral and ethical perspective, refunding in full is the right thing to do.

    Thanked by 3wangdalei imok Aidan

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  • KVMCloudKVMCloud Member

    After the order is paid, it has legal effect, if necessary, refunds need to be negotiated and compensated gradually

  • yao a little face ?

  • syfjhz22syfjhz22 Member
    edited June 22

    An online listing is considered as an invitation to treat. When you purchase, you are the one making an offer at that price, and it is up to the seller to accept or decline your offer. There is no contract formed so no breach of contract.

    However, if the VPS is delivered, you may argue the seller has accepted the offer and therefore the contract is valid, but the seller may also aruge it is automatic delivery so it is not an acceptance.

    Thanked by 2wangdalei TimboJones
  • @syfjhz22 said:
    An online listing is considered as an invitation to treat. When you purchase, you are the one making an offer at that price, and it is up to the seller to accept or decline your offer. There is no contract formed so no breach of contract.

    However, if the VPS is delivered, you may argue the seller has accepted the offer and therefore the contract is valid, but the seller may also aruge it is automatic delivery so it is not an acceptance.

    Also there's normally an exception in those laws (depending on where you're from) - for a pricing error.

    So even though automatic delivery might be classed as acceptance, they still have a remedy as it's an "obvious pricing error".

    Depends on your local laws though.

    Thanked by 1Falzo
  • poissonpoisson Member

    Of course they can. The question is whether you want to spend money on lawyers for the cancellation, bearing in mind that even if you win, you may have to foot your own legal bills, which can probably pay for the full price of the VPS many times over and you will still have spare change.

    Otherwise, just find a more credible provider.

    Thanked by 1wangdalei

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  • syfjhz22syfjhz22 Member
    edited June 22

    @poisson said:
    Of course they can. The question is whether you want to spend money on lawyers for the cancellation, bearing in mind that even if you win, you may have to foot your own legal bills, which can probably pay for the full price of the VPS many times over and you will still have spare change.

    Otherwise, just find a more credible provider.

    This is only true if you are in the States. In most common law countries the losing party will pay the costs of bringing the claim to court, depending on the cost order.

  • hostworldhostworld Member, Provider

    @psylenced said:

    @syfjhz22 said:
    An online listing is considered as an invitation to treat. When you purchase, you are the one making an offer at that price, and it is up to the seller to accept or decline your offer. There is no contract formed so no breach of contract.

    However, if the VPS is delivered, you may argue the seller has accepted the offer and therefore the contract is valid, but the seller may also aruge it is automatic delivery so it is not an acceptance.

    Also there's normally an exception in those laws (depending on where you're from) - for a pricing error.

    So even though automatic delivery might be classed as acceptance, they still have a remedy as it's an "obvious pricing error".

    Depends on your local laws though.

    Indeed, namely "Errors and omissions excepted"

    hostworld.uk - Web Hosting, Reseller Hosting, NVMe SSD VPS, Dedicated Servers & Domains. UK & US data centres & 24/7 UK support.

  • ViridWebViridWeb Member, Provider
    edited June 22

    @syfjhz22 said:

    @poisson said:
    Of course they can. The question is whether you want to spend money on lawyers for the cancellation, bearing in mind that even if you win, you may have to foot your own legal bills, which can probably pay for the full price of the VPS many times over and you will still have spare change.

    Otherwise, just find a more credible provider.

    This is only true if you are in the States. In most common law countries the losing party will pay the costs of bringing the claim to court, depending on the cost order.

    It's also true in India. If customer drag you to the consumer court and if he/she win then the loosing party have to pay for all expenses and even compensate the customer for mental harrassment.

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  • h2oh2o Member

    There is a term in Chinese law called "obviously unfair". [-(

    Thanked by 1wangdalei
  • poissonpoisson Member

    Sorry, but I think you guys don't know common law as practiced in the United States and Commonwealth countries. Costs are awarded at the discretion of the judge, and there is NO absolute rule binding a judge to award costs to the winning party. It all depends on the merits of the case. Please do not give incorrect information. If you decide to file a civil suit, even if you win, you may be ordered to pay your own legal cost, especially if the judge is of the opinion that the case need not come to court in the first place.

    Thanked by 1Aidan

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  • FAT32FAT32 Administrator, Deal Compiler Extraordinaire

    Here we go again, the dilemma of whether to buy something that is 99.9% a mistake and not sustainable to the provider

    Thanked by 2ViridWeb TimboJones

    "Everyone you meet is fighting a battle you know nothing about. Be kind. Always."

  • @psylenced said:

    @syfjhz22 said:
    An online listing is considered as an invitation to treat. When you purchase, you are the one making an offer at that price, and it is up to the seller to accept or decline your offer. There is no contract formed so no breach of contract.

    However, if the VPS is delivered, you may argue the seller has accepted the offer and therefore the contract is valid, but the seller may also aruge it is automatic delivery so it is not an acceptance.

    Also there's normally an exception in those laws (depending on where you're from) - for a pricing error.

    So even though automatic delivery might be classed as acceptance, they still have a remedy as it's an "obvious pricing error".

    Depends on your local laws though.

    The merchant explained that this is a preferential discount for monthly payment, but I found that it can indeed be applied to the annual payment order and successfully placed the order. However, the order status is waiting and the server is not activated. Then they explained that this was a monthly payment discount. But I don’t think so

  • SmallWebSmallWeb Member, Provider

    @FAT32 said:
    Here we go again, the dilemma of whether to buy something that is 99.9% a mistake and not sustainable to the provider

    FAT33?

    SmallWeb - DirectAdmin Web Hosting from £3.99/Year in AMS, GER, LAX, LON, LUX, MEL, NYC & SGP. No Support via LET

  • FAT32FAT32 Administrator, Deal Compiler Extraordinaire

    @SmallWeb said:
    FAT33?

    Is that... a code? :scream:

    Thanked by 2SmallWeb ViridWeb

    "Everyone you meet is fighting a battle you know nothing about. Be kind. Always."

  • FAT32FAT32 Administrator, Deal Compiler Extraordinaire
    edited June 22

    Here's my view on this thing:

    If they are a small provider, you are saving yourself maybe $50-100 at a cost of someone else's loss. This is even worse during this pandemic when lots of people are just trying to earn a little bit more for a living.

    Think of it in a moral perspective, will saving that $50-100 makes you live better knowing that someone else have to pay for your bill just because of their unintended mistake? Karma exists and you will eventually pay the $50-100 back somewhere else.

    I was a cheapo, but I learnt that everyone is not easy, mistake happens. I am pretty sure you don't want someone else to take advantage of you when you make mistake right?

    Just accept the refund and grow up. Don't complain and be a man.

    "Everyone you meet is fighting a battle you know nothing about. Be kind. Always."

  • @wangdalei said:
    When you get an annual payment order with a very low discount (such as (99%), this is usually not a good thing for vps merchants. Vps merchants cancel the order with 99% as the reason for monthly discounts. Is this a unilateral breach of contract? What should you do?

    PS:The explanation of the monthly payment discount is that the explanation given by the merchant when I find that the order is waiting, I do not accept nor think. In fact, the promo code does not specify whether it applies to annual or monthly payment orders. It was discovered and applied to annual payment orders by accident. So, what should I do?

  • t0ny0t0ny0 Member

    You ain't getting that for the price. Get over it. Don't be a dick and don't fight a company due to a mistake in their software.

    There was a monitor listed for $50, that usually costs over $500 recently on a UK site. Many people ordered. Guess if anyone got it, or if they got an email saying "oh-oh, our bad. We are refunding your order as it was created due to an error".

    You can hope, and beg, and fight all you want. You will NOT get it for that price. So either get it monthly, or get your refund. No third option.

  • raindog308raindog308 Moderator

    @t0ny0 said: You ain't getting that for the price. Get over it. Don't be a dick and don't fight a company due to a mistake in their software.

    image

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  • elliotcelliotc Member

    If you'd actually read the contract, you'd know that the provider retains a lot of legit rights include cutting any deal.

    Coffee, please.

  • @elliotc said:
    If you'd actually read the contract, you'd know that the provider retains a lot of legit rights include cutting any deal.

    (TT)

  • NnyanNnyan Member

    Since you are capable enough to come here and post I'm going to assume that you understand that you as an adult can do whatever you want. Of course, there are societal norms, and consequences are often attached to many actions.

    Unlike these uncreative cretins that answered you, I'm going to interpret this as a cry for help. You understand the dilemma and would not waste your time or ours with an inane query, so your real question is why are you so bereft of morality that you would even think of making this an issue instead of putting on your big girl pants, laughing at the ephemeralness of the world and moving on with your life.

    Alas, I must concede that as unlikely as it may seem previous posters hit the proverbial nail on the head. You must resist the urge to be a Porch Dick and move on.

  • @Nnyan said:
    Since you are capable enough to come here and post I'm going to assume that you understand that you as an adult can do whatever you want. Of course, there are societal norms, and consequences are often attached to many actions.

    Unlike these uncreative cretins that answered you, I'm going to interpret this as a cry for help. You understand the dilemma and would not waste your time or ours with an inane query, so your real question is why are you so bereft of morality that you would even think of making this an issue instead of putting on your big girl pants, laughing at the ephemeralness of the world and moving on with your life.

    Alas, I must concede that as unlikely as it may seem previous posters hit the proverbial nail on the head. You must resist the urge to be a Porch Dick and move on.

    PS:The explanation of the monthly payment discount is that the explanation given by the merchant when I find that the order is waiting, I do not accept nor think. In fact, the promo code does not specify whether it applies to annual or monthly payment orders. It was discovered and applied to annual payment orders by accident.It's not my fault,

  • jackbjackb Member, Provider

    It doesn't need to be your fault or their fault. If you find a mistake in their billing system and they choose not to deliver, that's entirely up to them.

    Rather than trying to exploit your provider you should just pay a proper price for what you need.

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  • @wangdalei said:
    When you get an annual payment order with a very low discount (such as (99%), this is usually not a good thing for vps merchants. Vps merchants cancel the order with 99% as the reason for monthly discounts. Is this a unilateral breach of contract? What should you do?

    The final result was that I received a refund email last night, the refund was unilateral without any compensation, and the annual payment order was cancelled

  • MikeAMikeA Member, Provider
    edited June 23

    @wangdalei said: the refund was unilateral without any compensation

    Why would they give you compensation because your order was refunded? Mental distress can't be that bad.

    ExtraVM - AMD Ryzen VPS starting @ $3.50
    USA (TX, VA, FL), CA, FR, UK, SGP, AU

  • @wangdalei said:

    @elliotc said:
    If you'd actually read the contract, you'd know that the provider retains a lot of legit rights include cutting any deal.

    (TT)

    Not familiar with that one. Tough titties?

  • hzrhzr Member, Moderator

    Even slickdeals fraudulent coupon copier assholes know and expect cancellations for obvious price mistakes.

  • seriesnseriesn Member, Top Provider

    @wangdalei said:

    @wangdalei said:
    When you get an annual payment order with a very low discount (such as (99%), this is usually not a good thing for vps merchants. Vps merchants cancel the order with 99% as the reason for monthly discounts. Is this a unilateral breach of contract? What should you do?

    The final result was that I received a refund email last night, the refund was unilateral without any compensation, and the annual payment order was cancelled

    Right o.

    So drop me your lawyers contact info man. I got couple of law suits that I could pursue.

  • hzrhzr Member, Moderator
    edited June 23

    image

    Thanked by 1wangdalei
  • syfjhz22syfjhz22 Member
    edited June 23

    @poisson said:
    Sorry, but I think you guys don't know common law as practiced in the United States and Commonwealth countries. Costs are awarded at the discretion of the judge, and there is NO absolute rule binding a judge to award costs to the winning party. It all depends on the merits of the case. Please do not give incorrect information. If you decide to file a civil suit, even if you win, you may be ordered to pay your own legal cost, especially if the judge is of the opinion that the case need not come to court in the first place.

    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.

  • aRNoLDaRNoLD Member

    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.

  • @wangdalei said:

    @wangdalei said:
    When you get an annual payment order with a very low discount (such as (99%), this is usually not a good thing for vps merchants. Vps merchants cancel the order with 99% as the reason for monthly discounts. Is this a unilateral breach of contract? What should you do?

    The final result was that I received a refund email last night, the refund was unilateral without any compensation, and the annual payment order was cancelled

    -----------------------------Latest mail----------------------------------

    Wow, that was unexpected.

    It seems our 99 code went viral! So much so, we've completely sold out on all our VPS!

    We've sold tens of thousands of products in the last 24 hours and unfortunately, this means we cannot provide you with your ordered VPS at this moment - we don't have any left!

    We've had to cancel your order today and refund you. Your refund will appear back in your account in the next few business days. We're sorry about this but everyone using the 99 code literally bought everything up!

    Our team is working hard on making sure more VPS are available, and as soon as we have enough ready, you'll be the first one to know! In fact, we'll be sending you a big discount to welcome you back!

    Stay tuned...

  • danielhmdanielhm Member
    edited June 23

    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.

    Thanked by 2wangdalei hohl
  • defaultdefault Member
    edited June 23

    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.

    Thanked by 1wangdalei

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  • danielhmdanielhm Member
    edited June 23

    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.

    Either provide a link to the law, or don't comment at all. Your 'legal opinions' are worthless without citations.

  • syfjhz22syfjhz22 Member
    edited June 24

    @default said:
    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.

    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.

  • WebProjectWebProject Member, Provider
    edited June 24

    @wangdalei said:
    When you get an annual payment order with a very low discount (such as (99%), this is usually not a good thing for vps merchants. Vps merchants cancel the order with 99% as the reason for monthly discounts. Is this a unilateral breach of contract? What should you do?

    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.

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  • defaultdefault Member

    @syfjhz22 said:

    @default said:
    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.

    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.

    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 boat doctrine my dear. Added you to my "friends" list, for the end is nigh, and I love drama on LET.

    Fastmako (aff) - great VPS for your needs.

  • syfjhz22syfjhz22 Member

    @default said:
    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 boat doctrine 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.

  • raindog308raindog308 Moderator

    @syfjhz22 said: As a former law student

    Now that's a LowEndLawyer :-)

    @syfjhz22 said: 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.

    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.

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  • Do not buy at this merchants again and tell others the true.

  • jackbjackb Member, Provider
    edited June 24

    @JohnSunQiang said:
    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.

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  • PHDanPHDan Member

    @wangdalei said: I do not accept nor think.

    And that is the entirety of the problem.

    Thanked by 1raindog308
  • @default said:

    @syfjhz22 said:

    @default said:
    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.

    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.

    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 boat doctrine my dear. Added you to my "friends" list, for the end is nigh, and I love drama on LET.

    Have a Snickers, Joe Pesci.

  • defaultdefault Member

    @TimboJones said:

    Have a Snickers, Joe Pesci.

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  • raindog308raindog308 Moderator

    @wangdalei said:
    The merchant explained that this is a preferential discount for monthly payment, but I found that it can indeed be applied to the annual payment order and successfully placed the order. However, the order status is waiting and the server is not activated. Then they explained that this was a monthly payment discount. But I don’t think so

    You think wrong.

    @wangdalei said:
    PS:The explanation of the monthly payment discount is that the explanation given by the merchant when I find that the order is waiting, I do not accept nor think. In fact, the promo code does not specify whether it applies to annual or monthly payment orders. It was discovered and applied to annual payment orders by accident. So, what should I do?

    Grow up, little boy.

    @JohnSunQiang said:
    Do not buy at this merchants again and tell others the true.

    We don’t know the name of the merchant, so we cannot tell the true.

    For LET support, please visit the support desk.

  • 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.

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