Ask a lawyer on the topic of Contract law

Election information 2009

October 16, 2009 | 20,00 EUR | answered by Steffan Schwerin

The following problem:

I have registered on the website Wahlinfo 2009.de and promptly received an email after the alleged deadline for objections with an invoice for 60,- Euros. I have been in contact with them a lot and have rejected the demand due to deception.

Those who know the site know how it is structured: The price information is displayed after answering the questions under the SEND button in the registration form. That is why I did not see the 60,- Euros and thought it was free.

That is why I provided the following data during registration: Kai Mustermann, Musterstrasse 48, 47906 Musterstadt to prevent tons of advertising from coming in.
That's why they are now threatening with legal action.

I would like to immediately instruct the responding lawyer to represent me legally and to file a declaratory action or similar. I believe my legal protection will cover this.
What are my chances?
Isn't what they are doing extortion?

Steffan Schwerin

Dear questioner,

I will answer the questions you have asked, taking into account the circumstances described and your commitment, as follows:

If you have registered here and also completed the test, a contract has been concluded. This should have been revoked within 14 days.

If no revocation has been made, the provider has the right to demand €60 from you.

The terms and conditions, which indicate the participation fee, are displayed on the homepage. However, they are relatively poorly visible. This point can be debated.

However, during participation on the site, you are also informed that there are charges involved.

Therefore, you would need to prove that you were not aware of the costs and that no one informed you about them.

Furthermore, it is problematic that you registered with false information and were apparently only traceable by IP address.

You could face a criminal complaint for fraud in this case. After all, you deceived the provider.

In conclusion, I would advise against demanding money back from the site operator and instead hope that no complaint is filed.

Finally, I would like to point out that this platform cannot replace a detailed and personal legal consultation. It is solely intended to provide an initial rough assessment of your legal issue based on the information you have provided to a lawyer. The legal advice I provide is based solely on the information you have provided. By adding or omitting relevant information in your description of the situation, a completely different legal assessment may result.

I hope I have been able to give you a first overview and that my explanations have been helpful. You are welcome to contact me through the follow-up option on this portal.

Furthermore, I am of course available for further consultation as part of a mandate. The initial consultation fee paid would be fully credited to you.

A greater distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, mail, fax, and telephone, legal representation is also possible.

Best regards,

Steffan Schwerin
Lawyer

Law Office of Steffan Schwerin
Golmsdorfer Straße 11
07749 Jena

Tel: 03641 801257
Fax: 032121128582

Email: raschwerin@raschwerin.de

Website: www.raschwerin.de