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Can VPS merchants unilaterally cancel customer orders? - Page 2
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Can VPS merchants unilaterally cancel customer orders?

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Comments

  • syfjhz22syfjhz22 Member
    edited June 2020

    @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 2020

    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 Veteran
    edited June 2020

    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
  • danielhmdanielhm Member
    edited June 2020

    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 2020

    @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 Host Rep, Veteran
    edited June 2020

    @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.

    Thanked by 1wangdalei
  • defaultdefault Veteran

    @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.

  • @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 Administrator, Veteran

    @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.

    Thanked by 3jackb Clouvider dfroe
  • Do not buy at this merchants again and tell others the true.

  • jackbjackb Member, Host Rep
    edited June 2020

    @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.

    Thanked by 1raindog308
  • 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 Veteran

    @TimboJones said:

    Have a Snickers, Joe Pesci.

    Thanked by 1TimboJones
  • raindog308raindog308 Administrator, Veteran

    @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.

  • 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

    Wow! Thousands of you have joined us in the last 48 hours!

    Welcome to OneVPS - you've just found the world's best and most affordable VPS.

    The CHAT99 code was meant to only give customers 99% off their first month, and not their entire plan. We're aware the code has been leaked on social media and due to a technical error, it's given 99% off all billing cycles.

    We want you all to enjoy using OneVPS and to get the best deal possible for your VPS.

    We will honour the promotion by giving you 99% off your first month with us.

    After your first month, you will receive an invoice with the respective amount owed. If you decide to continue, you have the option to do so then. In the meantime, your VPS service will remain fully active!

    We're sure you're going to love it here. If you have any questions, please contact our support team via our website.

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