[sizeak]

I'm having the exact same issue as you Fizzy, I hope you get to the bottom of it as I want a refund too!

[Fizzy]

The Right to Withdraw is a separate section of the ToS and does not apply to your fail to deliver addendum.
Right to Withdraw is a addendum is in your ToS due to the Code of Consumer,
And even futher down in that section it states:

"Conformément au Code de la Consommation pris en son article L 121-20-2 1°, le Client ne peut exercer son droit de
rétractation pour les Services dont l'exécution a commencé, avec son accord, avant la fin du délai de rétractation. Le Client
reconnaît donc formellement et accepte que, dans toutes les hypothèses où il accepte l'exécution du Service ou utilise le
Service avant l'expiration du délai de rétractation, il ne pourra valablement invoquer ce droit. "

Which basically means that even if the service is active, as long as the services is within the withdraw timeframe (The 7 days), I can still get a refund.

As you are not addressing my ToS questions at all... I would like you to provide me with contact information for someone that will actually address them.

[TomOVH]

Hi Fizzy,

Apologies I never noticed your response.

In compliance with our terms and conditions, we can only refund a server if it took more than 7 days to be delivered. Since this server was delivered in 1 day we cannot grant a refund.

[Alfred]

i have new control panel and old too


so there is no problem

[Fizzy]

Hello,

Please refrain from using this language on the forum or we will be forced to delete your account. This is the only warning you will receive regarding this issue.

Oh that cool, pick-in on the other guy and not answer my questions and concerns.

Please explain to me why you are not accepting my choice to withdraw as stated within your ToS that I quoted and receive my money back.
Again I quote:
http://www.kimsufi.com/fr/documents_...ce_Kimsufi.pdf
ARTICLE 13 : DROIT DE RETRACTATION
Conformément aux articles L. 121-20 et suivants du Code de la consommation le Client (pour lequel est reconnue la qualité
de consommateur au sens des dispositions du Code de la consommation) bénéficie d'un droit de rétractation. Il peut exercer
son droit de rétractation, sans avoir à justifier de motifs ni à payer de pénalités à l'exception, le cas échéant, des frais de
retour, dans un délai de sept (7) jours francs à compter de la réception du bien ou de la souscription du contrat pour les
prestations de Services, par courrier postal ou par message adressé au Service client OVH par le biais de son Interface de
gestion. Lorsque le délai de sept jours expire un samedi, un dimanche ou un jour férié ou chômé, il est prorogé jusqu'au
premier jour ouvrable suivant.

Le droit de rétractation, s'il a été valablement exercé, permet au Client d'obtenir le remboursement des biens et Services
concernés par l'exercice de ce droit.

Translation:

ARTICLE 13: RIGHT OF WITHDRAWAL
Accordance with Articles L. 121-20 and following of the Consumer Code Customer (which is recognized for the quality consumer within the meaning of the provisions of the Consumer Code) has a right of withdrawal. He may exercise his right of withdrawal without any reasons or incurring penalties except, where appropriate, the costs of return within seven (7) days after receipt of the goods or subscription contract for Benefit Services, by mail or message to OVH customer service through its interface management. When the seven-day period expires on a Saturday, Sunday or a holiday or holiday, it is extended until next business day. The right of withdrawal, if it was validly exercised, allows the Client to obtain reimbursement for goods and services affected by the exercise of this right.

[Fizzy]

Fizzy would you like to sell the server you have to me ??

if yes tell me whats the kind of the server you have maybe i can take it from you if the support team accept that without any problem ?

I would however I dont think its something that can be done. OVH used to have this feature in the con"Procedures" which had that option, however the new control panel does not. So not sure how viable that is.

[Alfred]

Fizzy would you like to sell the server you have to me ??

if yes tell me whats the kind of the server you have maybe i can take it from you if the support team accept that without any problem ?

[TomOVH]

Fizzy welcome to the support of money grabbing cunts. most useless cunts ever

Hello,

Please refrain from using this language on the forum or we will be forced to delete your account. This is the only warning you will receive regarding this issue.

[Fizzy]

http://www.kimsufi.com/fr/documents_...ce_Kimsufi.pdf
"Conformément au Code de la Consommation pris en son article L 121-20-2 1°, le Client ne peut exercer son droit de
rétractation pour les Services dont l'exécution a commencé, avec son accord, avant la fin du délai de rétractation. Le Client
reconnaît donc formellement et accepte que, dans toutes les hypothèses où il accepte l'exécution du Service ou utilise le
Service avant l'expiration du délai de rétractation, il ne pourra valablement invoquer ce droit."


You do say that you have a contract and follow French law right?
As my services had not been delivered and was within the 7 days, please refund my order as mentioned above. Otherwise please direct me to a supervisor or your customer service. If this is not resolved, there will be a dispute placed on the transaction.

[Fizzy]

Also it looks like you gave this guy a refund. http://forum.kimsufi.com/showthread....Refund-Request

I am starting to see a pattern on these forums to. People request cancellations wither they have been waiting for days or minutes, and their server is magically activated within a few hours. It would seem that you guys are activating them after someone says something about their order regardless if they are asking to just have it setup or cancel/refund.

[Fizzy]

Seems like it.
I guess we should start posting in other forums that its wise to request the cancellation before you make the payment. Then after you do make the payment and tested the server, re-post wither you want to keep or not.
Seems silly backwards thinking to me, but you gotta do what you gotta do to get past their 5 member support team which posts with canned Auto Key responses. The fact that a FORUM is the main source for billing support is ridiculous.
TBH, I dont think any active 'Support' members/employees or whatever have any access to make changes to any order. And just escalate things to someone else. Thus the canned responses.

But you know what. I am 99% sure that they wont go for that above idea either and will say: "We have already accepted your payment after the cancellation request, so we cannot grant you a refund."

So I want to officially ask this you, Kimsufi support. What is your terms of service regarding refunds? Yes I know that if the server is not setup within 10 days you get a refund, so I want to know of any OTHER way to get a refund. If you dont, why does it NOT state in the ToS that all sales are final? In-fact, your ToS is very vague on the subject.
Obviously this is a forum and you have no obligation to reply to my query (seeing how you have done it many times in other peoples posts),

[BenF]

...

[TomOVH]

Hello,

We had already accepted your payment when you made the refund request, so we cannot grant you a refund.

[Fizzy]

Hello

Unfortunately the payment was processed before you made that request so it is not possible to have a refund in this situation. There was a delay in the deliery of the server so payment was accepted before the server was delivered.

Best regards

Uhhh. If the delivery of the server was delayed after payment was accepted and then I decided not to proceed, a refund is possible.

[JennyOVH]

Hello

Unfortunately the payment was processed before you made that request so it is not possible to have a refund in this situation. There was a delay in the deliery of the server so payment was accepted before the server was delivered.

Best regards

[Fizzy]

Hello,

The server has been setup, however I still requested to cancel this before it had been and the payment is still pending settlement.
Please don't give me the canned "Payment has been processed and we can not refund" reply.

Thanks.

[Fizzy]

Hello,

I mistakenly ordered the wrong server, and re-ordering another one.
Please cancel order number 25095678 . The current status of this is "Your order was paid on 15/01/2014 6:19:02 p.m. - Your order is in progress.", which was placed only hours ago, with a 72h setup time. As such please make sure to refund the payment.

Thanks.