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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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, I have subscribed to a germany based (at least apparently)

Resolved Question:

hi, I have subscribed to a germany based (at least apparently) provider of online dating services. I have made a subscription for a 3 months but was not aware they were automatically renewable. I have lost interest in the service meanwhile. The provider has charged me on 2nd feb automatically for another 3 months for the double the price I subscribed in first payment. They are refusing to refund me even though I have written to them by 2nd or 3rd of february to complain about the charge advising I was no longer interested in the service. Do I have a right to complain to authorities on this matter?
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
Alice H : My name is ***** ***** I'm happy to help with your question today.
Alice H : Do you have access to the terms & conditions which apply to the subscription?
Customer:

i have the email I have received with general terms confirming initial subscription....

Customer:

can send a copy

Customer:

Dear PARSHIP member,
Thank you for placing your order.

As a Premium Member, you can now contact other members and make full use of the PARSHIP service. Some of these services include:

- Unlimited communication with your Recommended Partners,

- View photos that have been released to you,

- View full list of visitors to your profile.

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Summary of your purchase
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Your user code:
Product description: 3-month Premium
Product price: GBP 44.85 including VAT

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Payment Information
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Your payment is: single payment.

Your payment method is: Paypal

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Automatic Renewal of your subscription
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Your current Premium Membership will run until 02/02/2015.

In order to ensure that you will be able to enjoy our Premium service without any interruptions, your subscription will automatically renew for 3 months
at the price of GBP 89.70 including VAT.

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Right to withdrawal
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You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us

by post:
PARSHIP GmbH
- Customer Support UK –
Speersort 10
20095 Hamburg
Germany

or by fax:
+49 (0) 40 46 00 26–168

or by e-mail:
*****@******.***

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form (http://www.parship.com/web/Model-withdrawal-form.pdf), but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

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Guarantee
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Assured Contact Guarantee: We would like for you to be satisfied with PARSHIP and meet interesting people. For this reason we guarantee that during the first order of a 3 - month Premium Membership you will have contact with at least 3 members. A contact is defined as a free-text answer you read in response to a message you have initiated. A message is defined as any form of communication, such as free-text message, Smile, Icebreaker, etc. If you have not reached the guaranteed number of contacts by the end of your subscription term, we will extend your Premium Membership up to six months free of charge. The Contact Guarantee can only be granted if you have actively used our service: You have sent at least 3 Contact Requests; you have completed the ‘About me’ section of your profile and have uploaded at least one profile picture. Furthermore, your profile status must be on ‘visible’. In order to claim the Contact Guarantee, please contact the Customer Service per e-mail 30 to 14 days before your Premium Membership expires. Claims made outside this period cannot be taken into consideration. The Contact Guarantee can be used by every member once.

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Contact us
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If you have any questions with regards ***** ***** order, please do not hesitate to contact us! Simply send us a message via our online Contact Form by clicking on the following link:
http://kwb.parship.co.uk/customerservice?param=/app/ask/

You are also able to reach us via telephone Monday to Friday between 09.00 and 11.00 (GMT) under the following number: +49 (0) 40 28 41 77-109

- Wishing you every success with PARSHIP

Best regards
PARSHIP Customer Services

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Terms and Conditions, Withdrawal Form + Privacy Policy

Alice H : The T&C's mention quite clearly that subscription is automatically renewable. Section marked "Automatic Renewal". Why do you say this is wrong if you didn't cancel the renewal?
Customer:

yes, I noticed it now, i didnt see it at the time.

Customer:

anyway I think it's abusive,

Customer:

because I complained almost next day to charge

Customer:

it's like if you go to a clothes store and you want to return the item

Alice H : I can't comment on whether its abuseive or not - but it's clearly something you signed up to unfortunately.
Customer:

so it's legal for any company on that argument to charge me

Customer:

?

Customer:

there's no law protecting a customer who is no longer willing to use a service and gets charged for it nevertheless?

Alice H : You entered a legally binding agreement. Part of that involved an automatic renewal of subscription which you did not cancel. Had you cancelled then they would not have been entitled to the money.
Customer:

if I believe a change in the law is necessary to stop this kind of commercial practice, what sort of actions could I take for these cases?

Alice H : If you were no longer using the service you should have cancelled. Cancellation rights are set out in the T&Cs.
Alice H : Laws are changed by the legislature or judiciary usually. So you can complain to your MP or MEP or sue the company.
Customer:

ok, thanks, ***** ***** see into it

Customer:

regards.

Alice H : The law protecting the customer is set out under the "right to withdraw" section.
Alice H and other Law Specialists are ready to help you