Right of Withdrawal and Refunds

This page explains consumers' right to withdraw from distance contracts concluded with MIRAKL SRL (Romanian Government Emergency Ordinance no. 34/2014, "OUG 34/2014"), how it applies to hosting services and domains, and our refund policy.

The right of withdrawal applies only to consumers, meaning natural persons who buy for purposes outside their trade, business, craft or profession. You have 14 days from the date the contract is concluded to withdraw, without giving any reason and at no cost, subject to the exceptions below. The contract is concluded on the date the order is placed.

For renewals: each paid renewal continues the existing contract and does not open a new withdrawal period. You can, however, cancel the next renewal at any time, in accordance with the Terms and Conditions.

Hosting (shared, WordPress, cloud and, when available, VPS and dedicated servers) is a continuing digital service. When ordering, you can choose:

• To expressly request that the service start immediately, before the 14 days have passed. If you withdraw within the 14 days, you owe only a proportional amount for the period during which the service was provided up to the date you told us of your withdrawal, in relation to the total price of the contracted period. The difference is refunded to you. Example: for a yearly plan, withdrawing on day 5 means you owe roughly 5/365 of the price.
• Not to request an immediate start. Orders placed online on the site include the request for an immediate start, so the service works right after payment. If you prefer the service to start only after the withdrawal period ends, email us at [email protected] before ordering and we will process the order manually; in that case, if you withdraw within the period, you owe nothing.

If you did not expressly request that the service start during the withdrawal period, you owe nothing for services provided during that period. After withdrawal we may disable access to the service and delete the content, so please save your data first.

Registering a domain means submitting the request to the registry (for example ROTLD, EURid or the partner registrar) and paying it the fee. Registries do not cancel the registration or refund the fee once the domain has been registered.

That is why, for domains, we ask for a separate consent when you order:

• If you give this consent and the domain has been registered (or the transfer has been initiated with the registry), we consider the service fully performed, and the right of withdrawal can no longer be exercised for the domain, under art. 16(a) of OUG 34/2014.
• Before submission to the registry you can withdraw at any time and receive the full amount paid for the domain.
• If you do not want immediate registration: online domain orders from consumers include this consent, because a free domain can be registered by someone else at any time. If you still want the registration to happen only after the withdrawal period ends, email us at [email protected] before ordering; until registration you can withdraw at no cost, but we cannot guarantee the domain will still be available.
• If, despite the above, it is established that the exception does not apply (for example because domain registration is considered a continuing service), we refund at least the difference between the price paid and the amount proportional to the registration period elapsed up to the date of withdrawal, under art. 14(5) of OUG 34/2014.

Withdrawing from the hosting contract does not automatically withdraw you from the domain contract, nor the other way round: we treat them separately. The domain stays registered in the registrant's name until it expires, and you can transfer it to another registrar at any time.

To exercise the right of withdrawal you must inform us by an unequivocal statement. You can use any of the following methods:

1. The online function (recommended): Withdraw from the contract here. You enter your name, the contract identification (for example the order or invoice number) and the e-mail address where you want the confirmation, then press the "Confirm withdrawal" button. The function is permanently available throughout the withdrawal period.
2. E-mail to [email protected], with your name, the order number and a statement that you are withdrawing from the contract.
3. The model withdrawal form in Annex B, sent by e-mail. Using it is not mandatory.

To meet the deadline, it is enough to send your communication before the 14 days have passed. We acknowledge receipt of the withdrawal on a durable medium (e-mail) without undue delay.

• We refund all amounts due (including the difference after deducting the proportional amount, where applicable) without undue delay and in any event within 14 days of the date we were informed of the withdrawal.
• The refund is made using the same payment method used for the original transaction, that is, to the card used, through NETOPIA Payments, unless you have expressly agreed otherwise with us.
• We do not charge any fee for the refund. The time it takes for the amount to actually appear in your account depends on the bank that issued your card.
• We issue the corresponding credit note.

The statutory right of withdrawal does not apply to legal persons, nor to natural persons buying for professional purposes. Our commercial policy applies to them:

• We do not refund used or started periods of services.
• Domain fees are not refunded after submission to the registry.
• Services can be cancelled at any time from the client area, effective at the end of the paid period.
• We refund the unused part proportionally only in the cases provided in the Terms and Conditions (for example when we discontinue a service without fault on the customer's part) or where the law requires it.

We do not offer a "money-back" guarantee.

Based on Annex 1, part A, to OUG 34/2014, adapted to our services. This is a translation; the Romanian text is the official one.

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us at MIRAKL SRL, Str. Buciumului nr. 52, bl. 51-41, sc. 1, ap. 13, Craiova, Dolj County, postcode 200813, Romania, e-mail: [email protected], of your decision to withdraw from this contract by an unequivocal statement (for example, an e-mail). You may use the model withdrawal form below, but it is not obligatory.

You can also exercise your right of withdrawal online at https://gazduireonline.ro/withdrawal-form. If you use this online function, we will send you, without undue delay, an acknowledgement of receipt of the withdrawal on a durable medium (for example, by e-mail), including its content and the date and time it was sent.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

For the registration or transfer of a domain name carried out at your express request, with acknowledgement of the loss of the right of withdrawal, the right of withdrawal can no longer be exercised once the domain has been registered with the registry (see section 3 above).

The official Romanian text is shown first, followed by an English translation.