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Zap-Hosting, is a refund possible?

DementedBrit
Posts: 2 Newbie
Basically, my friends and I have bought a game server from this service and have had problems from it since day 1.
and in their terms they say if we ask for a refund within 14 days of purchase they have to give a refund. But then also state
"Expiration of the right of revocatoin The right of revocation expires for a contract over the supply of services, when ZAP-Hosting.com has fully supplied the service, and started supplying the service only after the customer has given his or her explicit approval and at the same time has confirmed his or her knowledge of the fact, that the right of revocation is lost when the contract is completely fulfilled by the entrepreneur."
It has been around 9 days since we bought this server, and well over half of it has been down time, with the server being extremely faulty and crashing/lagging consistently. Upon numerous chats with support staff all that has happened is they've moved us to a different IP and claimed they have fixed it.
After being told we were protected under the Consumer Rights Act 2015 we attempted to ask for a refund and got this reply.
""Expiry of the right of revocation
The right of withdrawal expires in the case of a contract for the provision of services, if ZAP-Hosting.com has completely provided the service and has only begun with the execution of the service after the consumer has given his express consent and at the same time has confirmed his knowledge that he loses his right of withdrawal in the case of complete contract performance by the entrepreneur. "
As a courtesy, however, we offer a one-time refund to the ZAP account, less the elapsed time."
Basically stating that we can't get our money back except from getting it back as ZAP coins, which would mean we can only use them on their website. The payment was only £13.79 BUT I do not like getting scammed or recieving faulty goods.
We asked again further and got this reply.
"A revocation is not possible even if there are problems with a product.
You can also read about this in the law regarding a service contract.
Therefore the revocation is only possible as described below.
Alternatively, we can take care of the problem you described and refund the unusable time.
Should the dispute be carried out with Paypal, a new invoice would be created here.
Should this not be paid, further costs and procedures would come to you, which we want to save you.
Therefore I inform you in advance."
Having read some reviews on this service, if you do a cashback on Paypal for this they will threaten to send German Debt Collectors and threaten court as well. My father says that we would win this dispute either way but it would take a lot of time and money for such a small amount.
Is it possible to get a refund without this hassle or is there no concievable way?
(I apologise if this is not the right place to post this, I'm rather new and didn't know where else to place it)
and in their terms they say if we ask for a refund within 14 days of purchase they have to give a refund. But then also state
"Expiration of the right of revocatoin The right of revocation expires for a contract over the supply of services, when ZAP-Hosting.com has fully supplied the service, and started supplying the service only after the customer has given his or her explicit approval and at the same time has confirmed his or her knowledge of the fact, that the right of revocation is lost when the contract is completely fulfilled by the entrepreneur."
It has been around 9 days since we bought this server, and well over half of it has been down time, with the server being extremely faulty and crashing/lagging consistently. Upon numerous chats with support staff all that has happened is they've moved us to a different IP and claimed they have fixed it.
After being told we were protected under the Consumer Rights Act 2015 we attempted to ask for a refund and got this reply.
""Expiry of the right of revocation
The right of withdrawal expires in the case of a contract for the provision of services, if ZAP-Hosting.com has completely provided the service and has only begun with the execution of the service after the consumer has given his express consent and at the same time has confirmed his knowledge that he loses his right of withdrawal in the case of complete contract performance by the entrepreneur. "
As a courtesy, however, we offer a one-time refund to the ZAP account, less the elapsed time."
Basically stating that we can't get our money back except from getting it back as ZAP coins, which would mean we can only use them on their website. The payment was only £13.79 BUT I do not like getting scammed or recieving faulty goods.
We asked again further and got this reply.
"A revocation is not possible even if there are problems with a product.
You can also read about this in the law regarding a service contract.
Therefore the revocation is only possible as described below.
Alternatively, we can take care of the problem you described and refund the unusable time.
Should the dispute be carried out with Paypal, a new invoice would be created here.
Should this not be paid, further costs and procedures would come to you, which we want to save you.
Therefore I inform you in advance."
Having read some reviews on this service, if you do a cashback on Paypal for this they will threaten to send German Debt Collectors and threaten court as well. My father says that we would win this dispute either way but it would take a lot of time and money for such a small amount.
Is it possible to get a refund without this hassle or is there no concievable way?
(I apologise if this is not the right place to post this, I'm rather new and didn't know where else to place it)
0
Comments
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(After being told we were protected under the Consumer Rights Act 2015 we attempted to ask for a refund.)
UK Consumer Rights does not apply its a non UK company .
Not sure what you mean by
(My father says that we would win this dispute either way)
Taking them to court in Germany ??
https://www.google.com/search?client=firefox-b-d&q=%09Zap-Hosting%2C++who+are+they0 -
The law for services is not the same as for goods. Otherwise, you could use a service for 14 days without paying for it.
You have the choice of waiting 14 days to decide if it was a good idea to sign up, or use the service immediately, and lose the cooling off period.
Any more than that will be down to the details of German law.If it sticks, force it.
If it breaks, well it wasn't working right anyway.0 -
To be honest I don't really know, my dad said that they german companies like that have been known for sending debt collectors over if you try and get a refund for things like this. and threaten to take you to court.
my dad said that if they take us to court we would more than likely win and it would be more hassel to them doing all of this than it's worth. Maybe I just mis heard him or somerthing0 -
DementedBrit wrote: »The payment was only £13.79 BUT I do not like getting scammed or receiving faulty goods.
This is one of life's lessons. Choose your battles wisely.0
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