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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 2020 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%
«1

Comments

  • hostworldhostworld Member, Host Rep
    edited June 2020

    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
  • 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 2020

    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
  • 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
  • syfjhz22syfjhz22 Member
    edited June 2020

    @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, Host Rep

    @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"

  • ViridWebViridWeb Member, Host Rep
    edited June 2020

    @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.

  • h2oh2o Member

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

    Thanked by 1wangdalei
  • 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
  • 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
  • @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

  • @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?

  • FAT32FAT32 Administrator, Deal Compiler Extraordinaire

    @SmallWeb said:
    FAT33?

    Is that... a code? :scream:

    Thanked by 2MichaelCee ViridWeb
  • FAT32FAT32 Administrator, Deal Compiler Extraordinaire
    edited June 2020

    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.

  • @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?

  • 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 Administrator, Veteran

    @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

    Thanked by 1NobodyInteresting
  • If you'd actually read the contract, you'd know that the provider retains a lot of legit rights include cutting any deal.

  • @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, Host Rep

    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.

    Thanked by 2wangdalei sayem314
  • @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, Patron Provider
    edited June 2020

    @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.

    Thanked by 2HaendlerIT hohl
  • @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

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

  • @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
    edited June 2020

    image

    Thanked by 1wangdalei
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