How to get a refund in case of refusal to provide a service?

M

Max Khrichtchatyi2014-04-28 09:20:58

Law in IT

Max Khrichtchatyi, 2014-04-28 09:20:58

As an example, I will give a "paid bulletin board", which, as a legal entity, is registered only in the Russian Federation.
The Frenchman decided to publish his ad on a payboard, wrote the text, paid (Visa / MasterCard), but the moderator did not accept his ad into the system because it was censored or simply because we only have ads in Russian.
In the offer, the Frenchman agrees with clause N: "Funds are not returned. When deleting an ad that does not comply with these rules, funds for services rendered are not returned."
Question: Is the bulletin board right that it does not return the money, or could there be problems?

Reply

Answer the question

In order to leave comments, you need to log in

5 answer(s)

R

Rsa97, 2014-04-28
@Rsa97

Civil Code of the Russian Federation

Article 782. Unilateral Refusal to
Fulfill the Contract for the Provision of Services for Compensation 2. The contractor shall have the right to refuse to fulfill obligations under the contract for the provision of services for compensation only if the customer is fully compensated for the losses.

A

Anton Kuzmichev, 2014-04-28
@Assargin

Why are you writing here, isn’t it easier with a person to correct the ad and think over the general scheme of work for such cases? You still have a paid board, not a garbage dump. Did he maliciously write to you there or spam it?

P

Puma Thailand, 2014-04-28
@opium

The wrong court will lose and still pay all legal costs.

M

Max Khrichtchatyi, 2014-04-28
@j0shu4b0y

Then why do such services as auto.ru and others indicate this item ...? wrong or something .. in fact, then I can spam the accounting work and make 10,000 transactions is not a problem, but for each of them I will be refused and I can demand $ back.

F

FuriousAngel, 2014-04-28
@FuriousAngel

Is it possible to slow down the funds on the escrow account before moderation and publication? I remember some of the freelance exchanges had this. If the announcement is rejected by the moderator, then the funds are quietly returned without being transferred to the board's account, if approved, they are transferred and, in theory, it is impossible to withdraw it just like that, since the contract for the provision of services for compensation has been fulfilled.