Do I have to pay for the contract?
July 7, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
On 03.07.09 someone signed up with my data on the website http://www.easyimport24.de !!!
I then received an email on my mobile phone, which stated that I should immediately transfer 380 euros for a 24-month contract. I felt really sick when I read that and immediately visited the website and contacted the provider to ask what was going on, where they got my data from, etc. !!! Then I requested the IP address that was transmitted during the registration, which I received by email !!!
Then I checked in my Fritz Box and saw that it was my IP address, since I live alone and was at work at that time, it is likely that my Wi-Fi was hacked again.
Now I wanted to know, in the terms and conditions it states:
§2 (1)
If after the conclusion of the user contract we become aware that the customer is not a business owner as stated, we are entitled to withdraw from the contract within a reasonable period.
(I am not a business owner !!!)
(6) There is no entitlement to become a member. We reserve the right to refuse or revoke the conclusion of a user contract without giving reasons, especially due to
(a) false information provided during registration
So do I have to pay the contract, the 380 euros or not ??? Because I am not a business owner !!!
Furthermore, it is stated in small print during registration about the money.
I would appreciate a response.
Dear seeker of advice,
Thank you for your inquiry!
I would like to address your questions as follows, taking into consideration your input and the description of the situation:
Based on your description, no contract has been established from which the other party could derive payment claims against you.
If it came down to a court proceeding, the other party would have to prove the conclusion of the contract, not you. They can provide your IP address, which is likely to convince the court that a contract was indeed established.
On the contrary, if you did not enter into the contract and your Wi-Fi was hacked, you would have to prove this, which may be extremely difficult. However, since you acted as a consumer, you are generally entitled to a 14-day right of withdrawal under the law.
If you were not informed by the other party about this right, for which they have the burden of proof, you can still withdraw even after that period has passed. Therefore, you should revoke the contract by registered mail with return receipt and refuse payment.
I hope that I have provided you with an initial legal orientation and wish you success in your further steps!
I would like to point out the following as a final note:
The legal advice I have provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive assessment of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I hope my explanations have been helpful to you. Feel free to contact me through the inquiry option on this platform or via my email address.
Wishing you a pleasant Tuesday afternoon!
Sincerely,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/57774
