Construct Data Verlag AG response to letters of cancellation

StopECG analysis of the atest move

This company formerly traded as Construct Data Verlag GMBH

DISCLAIMER This website is in no way affiliated or assoaciated with the Construct Data Publishers Verlag AG / Fairguide. This is a non-commercial website established in Opposition to all companies that profit from the mailing of misleading contracts.
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IMPORTANT: If your comapny is Disputing demands from Construct Data (Fairguide)
On 13th February 2007 Construct Data Verlag signed a far reaching settlement with the Schutzverband gegen unlauteren Wettbewerb Before the Austrian courts. In the undertaking Construct Data agreed.
  1. To cease the mailing of misleading contracts to the EU, Switzerland and EWR (list of countries covered)
  2. to cancel their demands for money against companies who signed in error and dispute the contracts.
If you signed Construct Data's Contract in error you must now notify them in order to be covered by this agreement. This page contains notes for persons who have already sent the notification





See Also: Construct Data (The Fair Guide) (Main Page) | Original report on the Schutzverband court case


CONTENTS
  1. Latest Letter
  2. Notes on the Letter + advice for those who receive it
Latest Letter




The letter above (Click image to enlarge) was sent to a company outside the agreement area at on 4th April 2007. The scan is not great so we have transcribed the text below, (If you notice any mistakes in the transcription or have a better copy of the letter, please let us know)

Transcription of letter




Dear Sir,

            Concerning your a.m. message received 31.03.07 we would like to state the following

  1. According to Austrian Law a businessman is under obligation to review texts with due care before signing. As a result § 871 ABGB does not apply in cases where an oversight occurs resulting in a lack of attentiveness when examining the offer before the order is placed. Your reference to the ABGB § 871 is therefore more than incorrect.

  2. Agencies or advisory bodies such as the Ostemeichischer Schutverband fulfil an important role in providing a platform for complaints of improper advertising. When Complaints come in we naturally review and revise our commercial documents if necessary to ensure that any concerns are unfounded. Living as we do in democracies, we cannot prevent anyone from posting their opinions, however ill-informed, about our product or company. It is a fate that befalls many large companies. Information available for viewing on the Interned is often easy to falsify and difficult to verify.

  3. We are aware of the fact that you have obtained this information from the Internet. We would be very pleased if you can exercise more care when basing your judgement of our business activities on the opinions of third parties.
Best Regards

I.A. Friedrich – Alfred Kytnar
(Customer Services)



Notes on the Letter + advice for those who receive it


  1. At no point in this letter do Construct Data ask for money. For Construct Data AG to demand money from a resident of the EU, EWR or Switzerland having received the formal notification would be a direct breach of the undertaking signed before the Austrian courts. Seeing as no money is requested, those in dispute with Construct Data are advised to do nothing and await any future correspondence. This advice applies to all, regardless of were you are based.

  2. Paragraph 1 states that ABGB § 871 does not apply because the recipient did not pay due attention when signing; however this has not been tested in the Austrian courts in relation to Construct Data’s forms. Moreover Construct Data need to prove that their form was not designed with the intent to deceive as suggested by a German Judge in the so called Chemnitz ruling

  3. The sentence Construct Data’s Letter which reads. When Complaints come in we naturally review and revise our commercial documents if necessary to ensure that any concerns are unfounded. Is, quite frankly laughable. StopECG know that many thousands of people, probably the vast majority of Construct Data’s ‘clients’ dispute these contracts and that a huge number, again probably the vast majority successfully refuse to pay.

  4. Paragraph 2 is misleading in that it lumps the name of the Schutverband in with Construct Data’s assertion that they are the victim of unfounded criticism on the Internet. We hope this is an accident and not a deliberate attempt to confuse.

If you have sent the formal notification that you signed in error and receive correspondence from construct Data AG that differs from the letter above, please send a scan

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