Legal assistance with wrongly concluded contracts
Questioner
I was called by the company on 11-10-2016 and they immediately came up with a whole sales story. to accommodate a company presentation for an amount of 365 euros for 2 years, but I thought that was too much and too hasty to decide. and on my words they came up with a proposal to be able to do it for 265 euros for 2 years, but I still thought that was too much and I indicated several times that I wanted to think about it first. and then I was told that this was possible within 7 days and was connected to someone from the administration to go through this again. then it turned out that there would also be costs for a cancellation of 50 euros, to which I said that I did not agree and was therefore connected to the saleswoman again. whereupon the lady could do something with the price again and could make it 215 euros, so deduct the cancellation costs again and to which the lady kept saying that this was not usual and was really a very special offer. which made me feel quite rushed that I really had to make a choice and really had to make use of this, said the lady. whereupon after quite some hesitation I made the choice by saying well do it then. whereupon the lady again said you will certainly not regret that. and was connected to the administration again and they confirmed what had been discussed and a welcome email would be sent. and quite soon after the telephone conversation I regretted what I had agreed and decided to call the company again on 12-10-2016 to cancel this. but that had to be done by email I was told. in the conditions I read the following: The Advertising Agreement is entered into for a minimum term of 12 months, unless a different term has been agreed in the quotation or offer, to be calculated from the date of conclusion of the agreement in accordance with article 4.1. 7.2 After the agreed term, the Advertising Agreement will be tacitly extended for a period of the agreed term and under the same conditions and price, unless the Agreement is terminated in writing by either party no later than 2 calendar months before the commencement of the subsequent term. 7.3 If the Advertiser is not satisfied with the number of customers, quotes, visitors or responses that he has received during the agreed term of a purchased extensive company presentation, then the Advertiser can make use of a Satisfaction Guarantee up to 14 calendar days after the expiry of said term. In that case, the term of the Advertiser's company presentation will be extended free of charge by an additional year. The condition for this is that the company presentation was filled in as completely as possible by the Advertiser during the initial year with information about the Advertiser's products and/or services and (preferably) was further supplemented with e.g. logo, photos, offers and social media. Bedrijvenpagina will therefore assess the Advertiser's business presentation for completeness in each case of a claim under the Satisfaction Guarantee. In the event of an incomplete or incomplete business presentation, Bedrijvenpagina cannot guarantee a good response and thus customer satisfaction, and the Advertiser's right to an additional year of free placement will also lapse. In the event of a claim under the Satisfaction Guarantee, no refund will be made for advertising fees already paid. 7.4 Cancellation of a given advertising order, provided that the relevant Advertisement has not yet been placed on the Site, must be submitted to Bedrijvenpagina in writing and by registered mail, or via the online Cancellation Form in the Customer Account, no later than seven (7) calendar days after the invoice date. After this period, cancellation is no longer permitted and the Advertiser is bound by all agreements made in the Advertising Agreement. 7.5 If the Advertiser cancels an Advertisement already placed on the Site in whole or in part in accordance with Article 7.4, the work that was carried out and the items ordered or prepared for that purpose, increased by any associated supply, removal and delivery costs and the working hours reserved for the execution of the agreement, will be charged to the Advertiser in full, with a minimum of €50 excluding VAT. My questions: 1 How should I proceed now and cancel the registration of the company account? 2. Am I now obliged to pay those 50 euros? 3 If I have to cancel in writing, what should I tell the company?Lawyer
You have entered into an agreement for a period of two years and there are telephone recordings of this? I know the company, the way in which they recruit customers is close to unlawful commercial practices. It is true that according to the law you may cancel the agreement as you entered into it, but it is not useful in terms of evidence. That is why I suggest that you send a written and registered letter in which you state that you have legally cancelled the agreement on dd within the cooling-off period. (date of telephone conversation 12-10)Questioner
Thank you very much for your response. And am I then obliged to pay an amount of 50 euros in cancellation costs?Lawyer
No. If you are a small business owner, you are simply appealing to the reflex action of consumer law. It is only different if costs have already been incurred for you, such as placing an advertisement. But the provider must prove this, not you.Questioner
Yes, that's what they say indeed, that they will charge 50 euros for creating the company page or account. Now I had already sent an email yesterday stating that I wanted to cancel the application, and I also received confirmation by email: In response to your letter of October 12th, I would like to inform you as follows: We have received your cancellation in good order, and it is also being processed: Trusting that this information is sufficient for you, Is this also sufficient, or do you still recommend sending a registered letter?Lawyer
If you are within the set cooling-off period, there is nothing wrong, otherwise you really have to refer in a letter to the previous date given by telephone. (11-10 / 12-10 cancellation, is on time)Neem de volgende stap
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