Consumer Information
& Cancellation Policy

Consumer Information and Cancellation Policy

Overview

I.    Special Notice

II.   Right of Cancellation for Consumers

III. Template Cancellation Form

 

--> q.v. General Terms and Conditions of Verio Europe GmbH i.L.

--> download Consumer Information and Cancellation Policy

I. Special Notice and References to Our General Terms and Conditions

Please note the following information. For further details, please read the relevant provisions in our Terms and Conditions, which are referred to individually below:

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1.     Registration of domain names

When registering a domain name, we purely act as your intermediary; a separate contract is concluded between you and the registration authority responsible for the top-level domain. See no. 2 in our Terms and Conditions for further details.

2.     Contracting parties, Conclusion of the Contract and Contractual Term

We accept online orders from the following:
•    Companies as defined in section 14 of the German Civil Code (“Bürgerliches Gesetzbuch”, or “BGB”), irrespective of where they are based
•    Consumers as defined in section 13 of the German Civil Code (BGB) residing in Germany, the United Kingdom of Great Britain and Northern Ireland, or France
Companies from the EU without VAT identification, legal persons under public law, and consumers from an EU Member State other than Germany, the United Kingdom or France unfortunately cannot order online on our website and, if they are interested in our services, are advised to contact us via our contact form, by telephone or by fax, in particular with respect to the end prices that apply to their EU Member State. Verio Europe reserves the right to request appropriate proof of entrepreneurial status.

The contract for the administration of domain names by Verio Europe shall be concluded for a minimum term of 12 months. It shall begin upon the respective registration authority’s notification of the successful registration of the respective domain name to Verio Europe.
On behalf of the customer, Verio Europe shall prolong the customer’s contract with the respective registration authority concerning the customer’s domains if the latter does not terminate it in writing (communication by letter or fax) at least 30 days before the expiry of the respective registration period. It should be noted that the registration periods for the various top-level domains vary considerably and that the registration periods can have terms which differ from those of domain administration contracts (cf. Article 2 and then paragraph 3, 3(2) and Article 4(2) of our Terms and Conditions).

A contract, which does not govern the management of domain names by Verio Europe, is concluded with Verio Europe upon the customer’s receipt of a written order confirmation or when, in response to a customer’s order, the first action for its fulfilment is undertaken.

All contracts concluded with Verio Europe (including domain administration contracts) shall be prolonged by the agreed minimum term if they are not terminated by the customer or Verio Europe at least 30 days before the respective minimum contract term expires. Where no deviating minimum contract term has been agreed, the minimum contract term shall be 12 months.

For further details see Article 2(3) and Article 3 of our Terms and Conditions.

3.     Performance/Delivery Time

Your order will be processed as quickly as possible. We shall generally carry out the customer’s order within two working days, but within ten working days at the latest, insofar as we have made no contrary agreement with you. Should delays in performance/delivery be due to reasons that cannot be attributed to us (force majeure, third-party culpability etc.), the deadline shall be extended appropriately. The customer shall be informed of this immediately. Should the reasons for the delay last for longer than four weeks following the conclusion of the contract, each party is entitled to withdraw from the contract; in the event of withdrawal, the customer’s payments shall be refunded immediately. See Article 5 of our Terms and Conditions.

4.     Payment Terms

Settlements for all customers whose monthly net invoice value is under EUR 100.00 shall be made quarterly in advance, insofar as nothing to the contrary has been agreed in writing between Verio Europe and the customer. The customer is obliged to pay Verio Europe in advance for all services to be settled in advance. Invoices are due for payment immediately. Verio Europe uses the SEPA direct debiting system. The customer authorises Verio Europe to debit invoiced amounts due for payment to the bank account specified in his mandate. The direct debit shall always be collected on the 10th of the month, and the parties hereby agree to shorten the notice period (pre-notification) of the direct debit to five days. As a rule, the direct debit pre-notification can be issued together with the invoice, but it can also be effected in other ways (e.g. by email) and sent in advance of future due dates. Should the 10th day of a month fall on a Saturday, Sunday or public holiday, the following working day shall be deemed to be the date of the direct debit. Due to increased costs, an administration fee of EUR 1.00 per bank transfer shall be deducted for payments made by bank transfer. For further details see Article 10 of our Terms and Conditions.

5.     Availability

Verio Europe provides its technical services on the basis of an average annual server availability of 99 percent. Excluded are times during which the servers cannot be accessed due to technical or other problems beyond Verio Europe’s control (e.g. force majeure, third-party culpability etc.). See 10.4 of our Terms and Conditions as well as the Service Level Agreement.

6.     30-Day Money-Back Guarantee for Shared Hosting Products

Should you, as a new customer, not be satisfied with your selected shared hosting product or the related service, our 30-day money-back guarantee shall apply: you need take no risks, and your satisfaction is our primary goal.

Please note that domains are excluded from the 30-day money-back guarantee. Should you (also) order a domain, you will enter into a direct contractual relationship with the relevant registration authority, which is not subject to our conditions.

7.     Guarantee

Statutory provisions shall apply.

II. Right of Cancellation for Consumers

If the customer is a consumer and concludes a contract with us whereby distance communication was the only means used in contractual negotiations and conclusion of the contract (distance contract), the customer shall have a right of cancellation, which is detailed below. A consumer is any natural person that concludes a legal transaction for purposes that cannot be primarily attributed to their commercial or independent professional activity. Distance communication encompasses all means of communication that may be used to initiate or conclude a contract without the parties to the contact having to be physically present at the same time, such as letters, catalogues, telephone calls, faxes, e-mails, messages sent by mobile telephones (SMS), radio and telemedia (e. g. Internet).

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Right of Cancellation

You have the right to cancel this contract within fourteen days without citing reasons.

The cancellation period is fourteen days from the day on which the contract was concluded.

In order to exercise your right of cancellation, you must inform us (VERIO Europe GmbH, Neugablonzer Str. 1, 93073 Neutraubling, Germany, Tel.: +49 9401 784-0, Fax: +49 9401 784-201, right-of-withdrawal@verio.eu) of your decision to cancel this contract by means of a clear declaration (e.g. in a letter sent by post, fax or e-mail). You may use the provided Template Cancellation Form, but this is not mandatory.

In order to meet the deadline for cancellation, it is sufficient for you to dispatch your notification regarding exercising of the right of cancellation before the deadline.

Consequences of Cancellation

Should you cancel this contract, we must refund you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result if you chose a form of delivery that is different from the cheapest standard delivery that we offer), immediately and within fourteen days of the day on which we received your notification of cancellation of this contract at the latest. When providing this refund, we will use the same payment method that you used in the original transaction, unless otherwise expressly agreed with you; under no circumstances shall you be charged fees for this refund.

If you requested for the services to begin during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point at which you inform us of your exercising of the right of cancellation of this contract as compared with the total scope of the services provided for by the contract.

Expiration of the right of cancellation:

The right of cancellation shall not apply

  • in the case of a contract for provision of services if we have provided the service in full and only began implementation of the service after you provided your express consent, simultaneously confirming your acknowledgement of the fact that you would lose your right of cancellation in the event of complete fulfilment of the contract by us.
  • in the case of a contract for delivery of digital content not located on a physical data carrier, even if we began implementation of the contact after you

1.     expressly agreed to us beginning implementation of the contract before expiry of the cancellation period and

2.     you confirmed your acknowledgement of the fact that you would lose your right of cancellation in the event of consenting to commencement of implementation of the contract.

III. Template Cancellation Form

If you wish to cancel the contract, please fill in this form and return it to us. You can simply copy the text and use it in an email or in a letter. You will also find the form available to download as a PDF file HERE.

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To
VERIO Europe GmbH
Neugablonzer Str. 1
93073 Neutraubling, Germany

Fax: +49 9401 784-201
E-mail: right-of-withdrawal@verio.eu

I/we (*) would like to hereby cancel the contract that I/we (*) concluded for the provision of the following service:

……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………..

 

Ordered on:

...........................................

Consumer’s name:

...........................................

Consumer’s address:

...........................................

...........................................

Consumer’s signature:

...........................................

Date:

...........................................

_______________________________
(*) Delete as appropriate.