Scam invoice received from softwaresammler.de

[Holsteiner 85]

Is 08.01.1990 your real date of birth? Your profile says 1991. If you were under 18 when you signed up your parents could object to the contract.

[El Jeffo 42,135]

15 people in this thread say it's a scam, don't pay it.

You and one (uniformed) guy think it's legit.

 

If you want to pay, pay, and let this lame topic die.

[maekelborger 34]

Any chance that you could just use the 14-day right of cancellation for telephone/internet transactions? Even though you apparently agreed to waive your rights to it, I'd imagine that that would be ruled as being an unacceptable contract clause.

[RainKing 1,318]

You're in the UK? Find a, what are they called now, Citizens Advice Bureau? There are consumer protection laws governing the supply of services on the internet, most recently in the year 2000, I think. they include, among other things, a cooling off period. Find someone who can give you informed advice and stop vapouring.

[El Jeffo 42,135]

 

Any chance that you could just use the 14-day right of cancellation for telephone/internet transactions? Surely that would be game over, whether they have a legal leg to stand on or not?

No, Internet "subscriptions" are exempt from the 14-day return period.

 

But here's a tip: if you're wary enough to enter a fake name and address when signing up for something, use a temporary e-mail address as well.

[SpiritedAway 3]

 

Is 08.01.1990 your real date of birth? Your profile says 1991. If you were under 18 when you signed up your parents could object to the contract.

I am 18, my birthdate is 1991

[kato 3,560]

 

If you were under 18 when you signed up your parents could object to the contract.

Not necessarily in Germany - since we're talking something that would still easily be covered by the Taschengeldparagraph, especially for an older youth.

[Holsteiner 85]

The Taschengeldparagraph doesn't cover payments in the future, only payments already made.

[kato 3,560]

§ 110 BGB : Ein von dem Minderjährigen ohne Zustimmung des gesetzlichen Vertreters geschlossener Vertrag gilt als von Anfang an wirksam, wenn der Minderjährige die vertragsmäßige Leistung mit Mitteln bewirkt, die ihm zu diesem Zweck oder zu freier Verfügung von dem Vertreter oder mit dessen Zustimmung von einem Dritten überlassen worden sind.

 

Future Payment.

[bal00 1,917]

 

OK, so I will add the "invoice" and you guys can tell me what you think, I mean there is a lot on there that I don't understand, but I get the gist. Then you can tell me if you think. I spoke to my mum who tells me not to ignore it, so I am thinking that maybe it is not a scam and it is just my stupidity and so I will pay them. The last thing I want is to go to court :|

You realize that the €96 are just for the first year and that they claim to have a 2 year contract with you, right? If you pay, you'll get the exact same bill next year.

 

Again, the only proper course of action here is to ignore them. I'm very familiar with these websites, and there are hundreds of them, and none of them has ever won anything in court. There are whole websites dedicated to this scam and the people behind the websites can often be seen on TV...running away from the cameras. Anyone who has any kind of experience with this scam will tell you the same thing: Ignore them.

 

In fact here's a lawyer saying the same thing about softwaresammler.de:

 

http://www.ratgeberrecht.eu/abzocker/abzoc...sammler.de.html

 

"In the case at hand we cannot recommend making any payments."

[Jimbo 1,269]

I AM a lawyer, Sarabyrd works in law too. Ignore it.

 

Edit: and to be clear - just because a 'contract' says they can get your info from the IP doesn't mean they actually can - the IP is bound by very clear data protection law.

[Holsteiner 85]

http://www.boyng.de/wissen/geld_recht/der-...ngeldparagraph/ :

 

Da der Vertrag erst bei vollständiger Zahlung wirksam wird, kannst du dich ohne Zustimmung deiner Eltern nicht wirksam zur Ratenzahlung verpflichten. Ein solcher Vertrag würde nach dem Taschengeldparagraphen erst dann bindend, wenn tatsächlich die letzte Rate bewirkt wird. Beim Abschluss von Verträgen für einen gewissen Nutzungszeitraum (Fitness-Studio, Sportverein) wird der Vertrag immer für jene Zeiträume wirksam, für die der vereinbarte Monatsbeitrag aus dem Taschengeld entrichtet wurde.

[Jimbo 1,269]

So, when did you sign up? Their site provides a very clear 2 week cooling off period:

 

 

Der Kunde, kann seine auf Vertragsschluss gerichtete Erklärung (§ 1 Abs. 2 AGB: "Anmeldung") innerhalb von zwei Wochen ohne Angabe von Gründen in Textform (z.B. Brief, Fax, E-Mail) widerrufen. Die Frist beginnt frühestens mit Erhalt dieser Belehrung in Textform. Zur Wahrung der Widerrufsfrist genügt die rechtzeitige Absendung des Widerrufs. Der Widerruf ist zu richten an:

Content Services Ltd.

Mundenheimer Straße 70

68219 Mannheim

so if you're within that, and it makes you feel better, rest easy. If not, ignore it. You think they're gonna come after somebody for under £100? Have you any idea what lawyers charge?

[siskebap 331]

 

I was directed to a site called "softwaresammler.de" and it wouldn't let me go any further until I signed up, so out of pure naivety I did.

I ain´t a lawyer, but you can ignore it. Here is an explanation in german from Katzenjens on Youtube http://www.youtube.com/watch?v=O7sI3VEs-Uk

 

This guy is doing this free service of explaining different kinds of internet ripoffs and how to react. His general advice is not to react to any kind of Invoices and check through the pages of the "Verbraucherzentrale" consumer advice centre http://www.verbraucherzentrale.de they even got their page in english but I´m not sure if all information they offer in german is translated

http://www.verbraucherzentrale.de/en/index.php

 

I just typed softwaresammler.de and ripoff at google and there is a page in english from a popular german antivirus company that explains the scheme of softwaresammler.de and also says the same as Katzenjens

 

http://www.gdata-software.com/about-g-data...or-domains.html

 

"Such contract wording is of uncertain legal foundation, especially with respect to the foregoing of the right of withdrawal, and in case of doubt is null and void."

...

"Users who are conned in this way and who have received such an invoice should not pay under any circumstances."

 

Here is a good advice that a friend once gave me: If anybody want´s your address on the internet for a free service, use the name of a famous german together with some funny streetname. And use an E-Mail Adress from a free mail service like gmx.de just for the purposes of getting activation keys and things like that. Never use your private E-Mail address for "free stuff on the internet".

 

But be carefull when signing up for a free email at gmx.de they make it really hard to find the "free email"-Button, don´t subscribe for anything if you do not want it.

[Steven192 272]

If you want an e-mail address for an activation key then I would recommend

 

http://www.guerrillamail.com/

 

Lasts long enough and you can just forget about it afterwards.

 

Oh and as said a few times but worth repeating - no the company can not easily get your IP address or any details off of your ISP.

[kthy 405]

These scams are only kept alive by the nitwits paying up.

[MoiLV 18]

Ignore that and any other mail that will come after it. You will probably get a Mahnung next. Ignore that. After that you will get a letter from a lawyer named Katja Günther. Ignore that too. If you look up her name on Google you will get all the information you need about what a scam this is. Just keep ignoring all the mail and they will eventually leave you alone.

 

The way they set up the registration with the hidden costs below the "register" button is not "datenschutzrechtlich" legal.

 

There are forums and news reports about this. Online Content Limited or whatever they're called are con artists. Ignore it!!

[SpiritedAway 3]

 

So, when did you sign up? Their site provides a very clear 2 week cooling off period:

 

so if you're within that, and it makes you feel better, rest easy. If not, ignore it. You think they're gonna come after somebody for under £100? Have you any idea what lawyers charge?

Firstly, thanks everyone for the replies.

 

I signed up yesterday. My parents tell me just to ignore, and you guys tell me to just ignore. I think I will just do this, unless you advise otherwise (as in to do this 2 week cooling off period) however, I am sad to say, that I do now completely understand this section that you highlighted.

[Jimbo 1,269]

You can cancel the 'contract' within the two week cooling off period. You must do so in writing (email, fax, or letter), if I understand it correctly, and need not give a reason. So if you only signed on the line yesterday, send a quick email today canceling the subscription. And you can rest easy. Ignoring it won't be a problem though, but perhaps this route offers you peace of mind. Good luck!

[Holsteiner 85]

Except they claim she waived the right to the 14-day period when signing up:

 

Durch den Verzicht auf das Widerrufsrecht haben Sie nicht mehr die Möglichkeit Ihren

Vertrag zu widerrufen, Rechtsgrundlage hierfür ist § 312d Abs.3 Nr.2 BGB. Auf unserer

Seite www.softwaresammler.de beginnt die Dienstleistung sofort nach Anmeldung.