ordered 2 x server VPS 2000 G10 by accident, no cancel possible ?

vbsbart

hello

i'm already a customer for more than a year with 2 vps servers, i could use a 3rd one so i ordered a VPS 2000 G10 server.

for some reason the server was 2 x in my basket and i ordered 2 x a VPS 2000 G10 server
i directly sended a mail that this is a mistake and that i only need 1 server and if they could cancel the second one

first i get a email that this is not possible for corporate users, when i mailed back about it and point to the 30 days refund they said both servers are already activated so not possible
i have to pay both servers... FOR A YEAR !!! so that costs me a extra 156 euro for a second server that i don't need.

I was wondering if this is normal behavior or did i just have the wrong person that emailed me this answers ?

thanks in advance

RAD750

I believe this behavior is normal for corporate users.

tom434

It's normal, only private costumers have a right to cancel contract without a reasons within 14 days (Fernabsatzgesetz).

Netcup allow corporate users to cancel root servers within 31 days, but this only applies for root Server (and they are not obligates by law to do so)...

m_ueberall

vbsbart : Unfortunately, the 30 days refund guarantee should also only apply to "Root Servers", not "Virtual Servers (VPS)" in the first place. Your best bet now is to offer one of your contracts to other clients in the "swap shop" subforum (along with a rebate) in order to cut your losses.

ulf8000

Netcup Cancellation policy

Cancellation policy

does not specify private or corporate users. so it's valid for both ?

If not possible you can try to offer and sell your server here:

https://forum.netcup.de/informationen/…inhaberwechsel/
with a little price discount from your side I think it's very likely to get "rid" of your 2nd server.

tom434

Zitat von ulf8000

Netcup Cancellation policy

https://www.netcup.eu/bestellen/widerrufsbelehrung.html

does not specify private or corporate users. so it's valid for both ?

If not possible you can try to offer and sell your server here:

https://forum.netcup.de/informationen/…inhaberwechsel/
with a little price discount from your side I think it's very likely to get "rid" of your 2nd server.

The Cancellation policy is according to German law therefore it is only valid for privat customer. Also (in Germany) your not obligated to inform corporated customers about that there isn't a cancellation policy for corporated customers (or that it only applies for private customer)

"Dem Verbraucher steht bei außerhalb von Geschäftsräumen geschlossenen Verträgen und bei Fernabsatzverträgen ein Widerrufsrecht gemäß § 355 zu." This is the Paragraph, which rules cancellation policy in Germany - important

Verbraucher means Consumer therefore B2B isn't included.

vbsbart

thanks everybody for the answers

i will offer it tomorrow on the swab forum

mfnalex

If you ordered a second one by accident, you can "dispute" the declaration of will according to §§ 142 I, 119 I Alt. 2 BGB. Just message support and tell them you ordered it by accident and that you want to undo the contract according to the above mentioned rules.