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  #21  
Old 02.06.2015, 13:08
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Re: Invoice dispute.

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Another question is that of applicable law. Chances are, the company says in the T&C that only the law of its country applies, which you agreed to by signing up - in such a case swiss law probably has no effect at all.
I am not a lawyer - but can it be that a Swiss court would consider itself as having jurisdiction anyway because such clauses are seen as absusive in consumer contracts? Would not be unheard of in other countries.

In addition - seems interesting that they can block his account and then demand the whole subscription fee, they have also an obligation to deliver the service (admittedly this is a weak argument).
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  #22  
Old 02.06.2015, 13:37
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Re: Invoice dispute.

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In addition - seems interesting that they can block his account and then demand the whole subscription fee, they have also an obligation to deliver the service (admittedly this is a weak argument).
Digital law has some pretty obsene aspects anyway.

For example on the one hand you're threatened with massive fines if you pirate stuff, but on the other hand you pay GEMA and such on virtually everything you do online to compensate the people you're supposedly pirating anyway, whereas no real artists you've ever met admits to having ever seen any of that money.

Well, I guess the scam artists at SONY are also a type of artist.

Meanwhile you can go to the cinema and

- first there is a notice to turn off your phones (fair enough)
- then there is a notice saying that if you use your smartphone, you will get fined, imprisoned and sent to Siberia. What exactly are the uses of a turned off smart phone that can warrant that?
- meanwhile the cinema has a CCTV system that doesn't seem to bother the copyright people one bit, although feeds form such systems have already appeared on bittorent (or so I am told). So the real problem is obviously not the pirating as such but the customer being enemy number one.
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  #23  
Old 02.06.2015, 13:45
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Re: Invoice dispute.

If you don't feel you owe the money, then don't pay it. I wouldn't, but then I'm a bolshie so-and-so. Or just pay what you think is reasonable. The T&C arrangement on the website is very likely to be legally flawed in some way, and they won't want to test it in court. But be prepared to tough it out, and there's a risk of getting a black mark on the Betreibungsregister.

Definitely don't pay any of the added "Mahngebühren" etc. If you do decide to pay, then the most you need to pay is the original sum that was owed, plus interest at 5%.
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  #24  
Old 02.06.2015, 14:57
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Re: Invoice dispute.

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That may be so, but then it raises the question of how debt collection works. If the law of a foreign country applies, then surely only a court of that country can order the debt to be collected. Can a foreign court order a Swiss debt collector to collect a debt? Switzerland may have agreements with EU countries and others over mutual collection of traffic fines and possibly other debts. But does this extend to say countries like Tonga? I doubt it.
A foreign body has no authority here so it needs the help of the local ones (see FIFA arrests, Zurich police arrested some [all?] on behalf of the USA), and yes an agreement (often a bilateral treaty) covering the aid in debt collection is prerequisite. Just in case you're serious about Tonga et al see this page.

Since this is a civil matter for a relatively small amount I'm not sure if it would be enforced by CH - my gut feeling is a "no, not worth it for any foreign actor".

With that said I'd still try to reach an agreement, especially if the company was in my favorite holiday country called USA or within the EU - otherwise the debt may bite you big time later on. After all, OP signed a contract, it's his own fault he failed to read it and never cancelled.
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  #25  
Old 02.06.2015, 21:05
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Re: Invoice dispute.

Very expensive things these web dating sites, nearly as expensive as being married
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  #26  
Old 03.06.2015, 22:47
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Re: Invoice dispute.

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Very expensive things these web dating sites, nearly as expensive as being married
Just wait until you divorce
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  #27  
Old 04.06.2015, 07:10
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Re: Invoice dispute.

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Very expensive things these web dating sites, nearly as expensive as being married
indeed which social dating network did you join?
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