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Comment: Re:Some insight into conveyancing: (Score 2, Informative) 227

by BobTheLawyer (#33574142) Attached to: Criminals Steal House Thanks To Hacked Email

Your firm needs to tighten up its money laundering procedures - that is an insufficient level of client due diligence. If you are not confident your client is who he says he is then you should not act. If something were to go wrong, your firm would face civil proceedings and it (and potentially you personally) could face an LCS investigation or even prosecution.

Comment: Re:Right to return wares (Score 1) 543

by BobTheLawyer (#26481381) Attached to: Tricked Into Buying OpenOffice.org?

I think you are right. I'm not a German lawyer, but on the basis of European law she has a couple of excellent arguments:

First, under the Distance Selling Directive she has 30 days to return the software and receive a refund (how precisely this applies to downloads is unclear, but it certainly applies).

Second, under Council Directive 93/13/EEC, unfair terms in consumer contracts are unenforceable. A hidden term that the consumer pay a fee for software that is normally free is likely to be regarded as "unfair".

I assume Germany has implemented these Directives into local law - it certainly should have done. So she should refuse to pay under the Distance Selling Directive, and have the Unfair Terms Directive as a fallback.

Amazing so many people are so confident she has to pay.

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