There are a large number of recipe collections on the Internet. Most are a kind of community in which users present recipes and also exchange ideas. These are lively sites where you can learn a lot of new things and, what's even more pleasant, they're free.
That is also common. Recipe sites usually have no hidden costs and no registration requirement. But then there are the occasional ones that at first glance look just like a recipe page, appear on Facebook with a Facebook page and just give the impression that they are a freely accessible recipe archive.
It's about this Facebook page, the operator of which is B2B Web Consulting GmbH. B2B ! This abbreviation should be explained clearly again, because the abbreviation B2B stands for “Business to Business”, meaning a business relationship between business people. Private individuals are therefore generally excluded.
For comparison: anyone who visits the Facebook presence of the (for example) free offer from “Chefkoch” [ 1 ] will see parallels in the presentation and content structure of the status reports.
However, the “Own” page does NOT link to a free offer, which unfortunately is not clear from the Facebook presentation. With not a syllable. Not even in the page info, which contains a very long description. Late in this “detailed description” there is a long text:
[…] The use of the offer is only permitted for companies, traders, clubs,
craft businesses, authorities or self-employed freelancers within the meaning of Section 14 of the German Civil Code (BGB).
The provider concludes contracts exclusively with contractual partners who order and/or use the services offered by the provider for the purposes of their independent professional or commercial activities or as part of their official or official activities. Consumers within the meaning of § 13 BGB are excluded from using the service offered.
Accordingly, “contracts” with private individuals may not be concluded at all. “Which contracts” might one ask at this point?
The recipe collection
It doesn't matter which of the many status posts you click on on the Facebook page: for every recipe you are directed to a page called Bestesrezept.de.
However, you won't see any recipes there, at least not during a normal visit. It doesn't matter what you click on in this case, you will basically be taken to a page that requires you to log in. What you have to at least give credit to this registration page: above the form there is a clear indication that only companies, tradesmen, clubs, craft businesses, authorities or self-employed freelancers are permitted for this contract.
Which contract?
Exactly… which contract. Why wasn't this information presented as clearly as the B2B information above the form fields? You can read it clearly, but the reference to an annual subscription with a total cost of €238.80 is noted on the side in a field that is underlined at this point with a graphic that makes the contract information more difficult to read. We have highlighted this point:
Not only invoices are sent, which we recently found out, but also reminders and threatening notices that use really harsh words.
B2B Web Consulting GmbH is serious!
We know from several readers' letters in the past few months: B2B Web Consulting GmbH is serious! Invoices will first be sent directly demanding the amount,
The letter appears primarily threatening, it uses words such as “court order”, “compulsory execution” and “account seizure” in bold letters. The actual bill has now grown to €302.67 due to interest and other fees.
This is what writing looks like
The letter looks like an official letter to the outside world and is consciously based on a court letter with the words “court notice”.
The “customer” who was written to here had already sent a letter of cancellation three times after receiving the invoice, which, however, was always rejected with the same worded answer.
Revocation rejected due to B2B
The invoice issuers claim that this is a B2B contract. B2B, that means “Business to Business”, i.e. a contract between two businesses. Private individuals are excluded from this type of business.
Even if such a B2B company threatens that they have been defrauded because they are a private person and they would file a complaint, that is just Hole's threatening behavior. In these cases, registering as a consumer does not constitute a criminal offense. There is neither an intention to deceive nor did the registration result in an actual act of deception. Simply registering does not constitute a criminal act of deception.
What significance does this letter have?
As much as this letter tramples, curses and threatens like a little Rumpelstiltskin, this warning notice, which plays on the words “court warning notice”, has no compelling relevance. You indicate it yourself by secretly relativizing it in your own letter and secretly adding an “announcement” after the graphically highlighted words “court notice”.
We have made this clear (red-red bar!). The whole letter basically complains at length that they will go to court and then let them know.
In a nutshell: Threats such as “foreclosure” or “account seizure” are initially very far out of the question, as these companies cannot carry them out themselves.
That's what lawyers advise
In this case, our partners at GGR Rechtsanwälte
If you have received such an invoice, you should immediately
- revoke the contract,
- deny that a contract was concluded at all - the fee agreement did not become part of the contract due to its surprising nature (Section 305 c Paragraph 1 BGB),
- at the same time challenge the contract due to fraudulent deception § 123 Para. 1 BGB,
- terminate the contract without notice,
- contradict the claim clearly and clearly - only undisputed claims can be registered with SCHUFA,
- Object to any possible transfer of personal data to SCHUFA
- and finally, by setting a deadline, request that the other party disclose what personal data they have stored about you
Further:
At first glance, most users do NOT get that it is a paid B2B subscription with a long term and high costs. On the contrary: Facebook users usually only see a beautifully photographed entry in their news stream
(Screenshot: Facebook, public status)
Challenge due to fraudulent deception in accordance with Section 123 Paragraph 1 of the German Civil Code (BGB).
Facebook page designed in this way is suitable for deception and is deliberately designed to deceive the addressee/participant. Another indication of deception: Internet services of this type are still provided free of charge in practice. It is deliberately intended that the Facebook event page confirms the casual viewer's first, inaccurate impression that this is a free event.
Article preview: its_al_dente / Shutterstock.com
Notes:
1) This content reflects the current state of affairs at the time of publication. The reproduction of individual images, screenshots, embeds or video sequences serves to discuss the topic. 2) Individual contributions were created through the use of machine assistance and were carefully checked by the Mimikama editorial team before publication. ( Reason )