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How to cancel a contract for website

Written by Administrator Sunday, 29 May 2011 11:46

This is an excellent informative post on the forum found arnaques.com: How to cancel a contract for website?

SOME TIPS TO TERMINATE CONTRACT WEBSITE:

Enable legal assistance from your insurance professional.
- Or consult a lawyer costs about € 100 for consultation (depending on where you live).
- Or ask your resources are insufficient legal aid:
http://vosdroits.service-public.fr/F18074.xhtml

FIRST CASE, THE CANCELLATION:

Between professionals you do not have a withdrawal period but:
you can cancel the contract until it has been activated (no site available online, no standard delivery, receiving no timetable, no sampling) where the urgency to any block in a within 48 hours max.
We must send emails, faxes, and RAR to your site and the creator of finance companies Parfip, Locam, KBC Lease, the usual recipients of such contracts.

SECOND CASE, THE TERMINATION in 3 steps:

1) FAILURE TO PROVE COMPLIANCE

You have provided the texts and pictures for your site and after a few months, you find that the benefits of your site creators do not match the promises of the sales consultant that you contacted.
After a notice by mail RAR with a deadline of execution, you find that the contract terms are still not respected:
delays in commissioning of the site not met, inaccurate, not corrected despite your requests, referencing not obtained, etc..
"General rule: the contract serves as a" law "for the parties (art.1134 civil code). The non-compliance results in damages (Civil Code art. 1142) for non-performance, delayed, except external causes involuntary (Civil Code art. 1147).

The victim must prove two points and sometimes a 3 °:
1) that of the contractual obligation
2) that of non-performance or improper performance
Plus a 3 °: in front of an obligation of means: wrongful conduct. The normally diligent and competent professional would ... attracted the attention of the customer on the particular conditions of use of the product the customer inexperienced ... "
Source:
http://www.contrexpert.com/r_contractuelle.htm
http://www.lapme.net/2001041902.shtml
See also the ruling on SEO:
http://www.legalis.net/jurisprudence-de ... article = 2363
So much reread your contracts.

Alternatively,

Ask to receive the right to terminate the contract not covered under bilateral:
Article 1184 Civil Code
1804-02-07 enacted by Act Feb. 17, 1804.
The condition subsequent is always implied in bilateral contracts (also called bilateral contract), in case one of the two parties do not meet its commitment.
Your "site designer" has sold his contract to a finance company (Parfip, Locam, KBC Lease, etc.). And this is the finance company that collects your monthly payments.
Your opponent is the finance company.
Ask for copies of contracts to your "website creator" and the finance company.
All your efforts must be made by mail with RAR

2) RESPECT YOUR COMMITMENTS

As we can not do yourself justice, you will ask the President of the Court authority to record the amounts due monthly to the finance company. http://consignations.caissedesdepots.fr ... ? Clause 22
If you are unsatisfied with your site and if you decide to stop yourself taking, the finance company assigns you to the commercial court which condemns you.
Commercial courts have a double feature:
Judges are not legal professionals, and they can do without the open debate with the other party, that is to say, you, the unhappy customer.

3) PROVE INDIVISIBILITY CONTRACTS

You must show the indivisibility of contracts because they have no reason to be one without the other.
Finance companies rely on Article 1165 of the Civil Code to state that each contract is independent and must be performed independently of each other.
"However, case law is now constant, subject to certain conditions, the existence of indivisible contract sets cascade leading to loss of contracts for non-performance of one of them. "
Source:
http://www.economag.com/archives/13
See also judgments on appeal:
http://www.opticien-presse.com/news/new ... ewsid = 2810