Post
Topic
Board Scam Accusations
Merits 2 from 1 user
Re: Game-Protect.com did not refund my money and stopped replying to my emails
by
Initscri
on 03/11/2019, 18:13:29 UTC
⭐ Merited by Foxpup (2)
https://parissmith.co.uk/blog/even-emails-text-messaging-can-constitute-legally-binding-agreement/
https://www.icaew.com/archive/library/subject-gateways/law/legal-alert/2018-02/case-law-court-confirms-emails-can-create-legally-binding-contracts

The following obligations in EU law have to be met:

An intention by both parties to enter into legal relations

An offer by one of the parties which is capable of being accepted by the other
Acceptance of that offer by the other, and
A mutual promise by each to provide something of value to the other (known in law as 'consideration')

ALL of which are applicable to your email exchange with h4ns.
The theme is written contract and not binding agreements, but thank you for confrming that a legally binding agreement does not exist! Cheesy

1) I never had the intention to enter into legal relations. Despite of this, donations exclude legal relations by default.

2) I never promised anything

Did you not honestly read what I just sent. Emails can create legally binding contracts. A contract is an agreement. Look, I know your english isn't great, but if it isn't, you can't then over-analyze verbiage.

1) Good call sign of a scammer. "ITS A DONATION". Wow, you still created, within your email, a list of obligations for yourself. Besides, the very definition of what you are doing, I would argue, isn't a donation. Transactions aren't considered "donations" when in exchange for something, regardless of whether you'd like to call it a "donation" or not. For example, in Canadian law (which I assume would run the same as EU): "Thus, a gift is the voluntary and gratuitous transfer of property.[59] Furthermore, the donor must not draw any personal benefit, either directly or indirectly, in consideration for the transfer.[60] The gesture must be entirely gratuitous and a reflection of liberal intent on the part of the donor in regard to the donee."
2) This seems like a promise to me: http://i.gyazo.com/c93468342382dcdf69fe53a0000ac19a.png

https://parissmith.co.uk/blog/even-emails-text-messaging-can-constitute-legally-binding-agreement/
https://www.icaew.com/archive/library/subject-gateways/law/legal-alert/2018-02/case-law-court-confirms-emails-can-create-legally-binding-contracts

The following obligations in EU law have to be met:

An intention by both parties to enter into legal relations

An offer by one of the parties which is capable of being accepted by the other
Acceptance of that offer by the other, and
A mutual promise by each to provide something of value to the other (known in law as 'consideration')

ALL of which are applicable to your email exchange with h4ns.
The theme is written contract and not binding agreements, but thank you for confrming that a legally binding agreement does not exist! Cheesy

1) I never had the intention to enter into legal relations.

Despite of this, donations exclude legal relations by default.

Real world legal aspects: Donations are given without return consideration.

2) I never promised anything

With your edit, you literally just confirmed what I said. So you're making promises but saying you'll take "donations". That's scamming people. You can't say "I'll do this TASK for you, IF you make a donation" and then once you take the donation say "Well, because I SAID it was a donation, I no longer have to do TASK for you"

That's against the law mate. If you state, ahead of time, that the donation is in exchange for a service, it's no longer considered a donation. It's considered a legitimate, taxable BTW, transaction.

So you're honestly probably evading tax laws by calling them donations aren't you. Ah, that aught to get sketchy.

Here you are, calling everyone else criminals, when you're probably committing tax evasion yourself and you're committing donation fraud.