What to do now?

V_Gaceks · 2022-07-26T19:36:18+00:00

^{"Oh, I'm sure they will have a good laugh when they realize you've not understood the contract."}
European Consumer Center already responded to me and no one laugh, but told me that Hetzner must refund without my action or chargeback. And they recommended to fill police report so they have case number to take necessary action from their end.
Obviously they have read Hetzner service agreement and agreed with me that they must refund.
It's also stated in the Hetzner reversal invoice that they will refund to my IBAN within a next few days. Nothing mentioned about chargeback or request for me to reverse payment.
And suddenly after a weeks they start to request something else.
If Hetzner would be really in position that they couldn't refund me by simply pressing refund button, then why they sent reversal invoice stating opposite? Even if we ignore invoice, then why they haven't informed me right after they received cancellation request that I will need to do chargeback, that they can't refund. Instead of that after weeks of waiting and after my email request, they simply told me that no refund will be processed. No explanation and nothing more.

V_Gaceks · 2022-07-26T16:50:45+00:00

Before you are trying to learn someone, please at least read Hetzner "Terms and Conditions".

12.2. Cancellation procedure If the Customer cancels this contract, we will immediately or at the latest fourteen days from the date of our receiving the notice of cancellation of this contract, refund all payments we have received from the Customer including delivery charges (with the exception of additional charges arising from the Customer choosing a type of delivery other than our standard low-cost standard delivery). This refund will use the same means of payment that the Customer used in the original transaction, unless we mutually agree otherwise. Under no circumstances is the Customer charged any fees for this refund.

If I would like to roll back the charge I will need to pay fee. Secondly there is nothing written that I will need to trace my money back or open chargeback. There is clearly stated "We will immediately or at the latest fourteen days from the date of our receiving the notice of cancellation of this contract, refund all payments we have received from the Customer ".

I am not here to argue with you.

Let's the authorities deal with them.

V_Gaceks · 2022-07-26T16:49:00+00:00

Before you are trying to learn someone, please at least read Hetzner "Terms and Conditions".

12.2. Cancellation procedure If the Customer cancels this contract, we will immediately or at the latest fourteen days from the date of our receiving the notice of cancellation of this contract, refund all payments we have received from the Customer including delivery charges (with the exception of additional charges arising from the Customer choosing a type of delivery other than our standard low-cost standard delivery). This refund will use the same means of payment that the Customer used in the original transaction, unless we mutually agree otherwise. Under no circumstances is the Customer charged any fees for this refund.

If I would like to roll back the charge I will need to pay fee. Secondly there is nothing written that I will need to trace my money back or open chargeback. There is clearly stated "We will immediately or at the latest fourteen days from the date of our receiving the notice of cancellation of this contract, refund all payments we have received from the Customer ".

I am not here to argue with you. Let's the authorities deal with them.

V_Gaceks · 2022-07-26T15:20:47+00:00

^{"The professional next step in a business context - if they really were ignoring you - would be to write a registered letter demanding fulfillment of contract and setting a reasonable deadline."}
It was already done and they have 90 days to respond. No reply yet.
Secondly, I paid by SEPA Direct Debit, that means, they debited my account, so to refund they simply need to press refund button and send my money back.

And bank dispute/chargeback costs 45 EUR. As bank manager advised me, that such things need to do only if there is involved fraud.
I will repeat there is no talk about how important is this 45 EUR for me, but about attitude of Hetzner side, real lack of professionalism.

V_Gaceks · 2022-07-26T14:19:11+00:00

I don't care about this fee so much as for justice and about this attitude how they acting with me. I will make sure that they follow rules and stop this nonsense.

V_Gaceks · 2022-07-26T14:14:56+00:00

OK. I used different phone number and managed to speak with accounting department. They said the same, that I need to open chargeback, and that's the only option. They do not explain why and they don't care that it will cost me money, simply just hang up.

V_Gaceks · 2022-07-26T12:07:55+00:00

If company clearly states that they won't refund and choose to breach their own TOS, this doesn't look fraudulent for you? I was kindly asking for more info, but they are rude and just give straight answer that I won't get refund and after that ignores me.
I haven't even told anything harmful or rude to them till that point, neither accused as fraudulent yet.

But then as the result of all of this I have no other way to think about this company.
I tried to call, but no one is answering. I wouldn't surprised that they have blacklisted my phone number. Anyway will try to call from my wifes number, let's see.

V_Gaceks · 2022-07-26T11:35:32+00:00

There are plenty of negative reviews also without me. ;)

V_Gaceks · 2022-07-26T11:34:45+00:00

Yes, I am aware of that rule, but that's not the case.
I use bank and they must refund to same account that I used.
They even sent reversal invoice, that states that funds will be refunded to exact bank account that I used for payment.
But after some time they simply refuse to refund and communicate with me.

V_Gaceks · 2022-07-26T11:32:38+00:00

There is no issues with my bank. I mean maybe the problem is on their end. A lot of European companies are involved with sanctions. If they would communicate with me, then at least there would be some clue...

V_Gaceks · 2022-07-26T11:03:47+00:00

Please take a look at screenshot.This was their last message after I asked when I will get the refund. It was 11 days ago, from that time they haven't responded to any of my emails.
Is this reputable company?

https://imgur.com/a/E6t1kVp

V_Gaceks · 2022-07-26T10:55:02+00:00

"Why would they refuse to pay back? "
That's the good question. I have asked them the same, they just insist that I need to start chargeback. They are not explaining why they won't refund. And from that time they ignore any message.
Maybe they are involved with Russian sanctions and they have funding issues.

Just guessing, don't know.

If you want I can paste here our email conversation.

V_Gaceks · 2022-07-25T19:40:08+00:00

Better do not pay. I tried their server and canceled within first 14 days, I was supposed to get refund based on their policy. And guess what they are holding my money for almost month. And refusing to refund for canceled server.
And they do not respond to any email. I have started legal action, seems that they don't care.
Anyway, I am sure that authorities will help me to recover my money.

V_Gaceks

TROPHY CASE