Scam invoice received from softwaresammler.de

[Jimbo 1,269]

Didn't see that - on what f******g basis do they tell you that? Ah, fuck 'em then - ignore away!

[HEM 11,163]

 

You can cancel the 'contract' within the two week cooling off period. You must do so in writing (email, fax, or letter),

...and by doing that OP's full name, address etc. will be revealed...

[cb6dba 7,318]

If part of a contract could be said to be illegal (ie, goes against basic legal rights), can that part be enforced?

 

Taking the example of this thread, if the law says you always have 2 weeks cooling off period but the contract says by signing you wave this basic legal right, is that part of the contract enforceable legally?

[Holsteiner 85]

Not just by signing but by also immediately and expressly availing yourself of their services, which most probably she did.

[MadAxeMurderer 6,294]

 

If part of a contract could be said to be illegal (ie, goes against basic legal rights), can that part be enforced?

 

Taking the example of this thread, if the law says you always have 2 weeks cooling off period but the contract says by signing you wave this basic legal right, is that part of the contract enforceable legally?

If I sign a contract saying they have the right to take my kidneys if I don't pay the loan back, can that be enforced? Of course not.

 

If you all took your rental contracts to a lawyer she would find invalid clauses in half of them. They could not be enforced if brought to court. Every German contract I've ever seen has a clause that if any part of the contract is invalid, this does not invalidate the rest of contract. They have this clause because they put in so regularly invalid stuff.

 

 

Not just by signing but by also immediately and expressly availing yourself of their services, which most probably she did.

Their services are to make free software like open office available to download. I frankly object to the word services here. as lots of wise people said, they're business plan is to make lots of low cost threats like Mahnungs etc. and if 10% of the people pay up its a nice income. they will never take you to court because they will lose. But they will try very hard to scare you into paying before not taking you to court.

[sarabyrd 18,767]

 

...and by doing that OP's full name, address etc. will be revealed...

Of course SA cancels under the sign-up name. Duh!

Going off on a legal tangent: A contract is entered into under an assumed name should be invalid a priori as a non-existing person cannot legally become party to an agreement. Therefore it cannot be cancelled.

 

Do NOT cancel saying: I fooled you with my name and address therefore the contract is invalid.

[Oberman 0]

 

Interesting to know! So we should always take a screenshot of whatever we sign for if it seems to be free?

 

No need really. The only companies that work like this are scammers, and you don't need evidence because these things never go to court.

I disagree. Plenty of companies are not scammers but staffed by incompetent people with the "but it says it here on the screen in front of me" mindsets who will argue with you that you are wrong and the computer is right.

 

I have a piece of software that simulates a printer driver so I print to it but it actually creates a PDF file, which I then save. Most of the free software products that claim to produce PDF files for you actually work like this.

 

Every time I sign up for something I print the signup page, and the AGBs and Privacy Policy and anything else referred to on the signup page. Like most people, I don't read the full AGBs each time, but at least I have a copy and the company cannot claim anything that it wants. This approach also helps if you signup for lots of things like I do and therefore use several email addresses to prioritise your time - you don't want to be faced with an inbox of 3.000 emails if there's the possibility that something important is in there - because you can lookup the emailaddress/username/password if you forget (make sure you keep the PDF files safe and away from prying eyes).

 

By doing this you avoid the aggro if there is a dispute - just email them the relevant PDF file. If you haven't changed your browser settings then the file will include the print date too, just in case the AGBs have been changed and the company is trying (whether willingly or because its own internal processes are immature) to apply the changes retrospectively. Why go through the hassle of lots of exchanges of emails/letters?