Unlawful charges for cancellation [in the Netherlands]

[f.d88678370]

I just cancelled my subscription in the Netherlands and was confronted with cancellation charges.

This is against the law (wet van Dam).

Adobe has done this for years, those who complain get 'leniency' and everyone else gets to pay. Doing this knowingly, I classify as a scam.

As can be seen here:

https://gathering.tweakers.net/forum/list_message/71373670#71373670

Adobe can choose to delete this post (screenshots have been taken) but I will keep pressing, via public forums in the public interest and via authorities until Adobe changes their ways and starts operating within the law.

The fee that will be charged, will be addressed with the credit card company with reference they cannot provide services to a company so clearly ignoring the law.

[kglad]

i'm not familiar with the laws in the netherlands, but don't you have leases there?  ie, if you lease a car or rent an apartment don't you have an obligation to meet the full terms of the lease?  eg, are you not required to continue to make payments on the car or pay the rent on the apartment for lease length (whether you continue to use them, or not)?

[f.d88678370]

Absolutely, but we're not talking about a car or a house, are we?

For any regular subscription not part of exceptions as stipulated as part of the Wet van Dam, after the initial contract (which was a year) you can cancel every month without cost. Actually, if you had paid the year in advance, you'd be entitled to a refund for the remainder of the year.

This law is not new and people have notified Adobe at least since 2016. Every time they refer to 'exception' because 'apparently you're not aware of out terms'. Even if people refer specifically to that law.

So, Adobe cannot claim to be unaware. This intentionally ignoring the law so that those unaware pay for things they are not liable for. Or more commonly known as a scam.

It is just disgraceful that a company like Adobe so far resorts to scams apparently they get away with it.

No more. I will not rest untill I see in the news or terms and conditions that this scam has stopped. Authorities and credit card company have already been informed.

[kglad]

you're talking about a legal contract that explicitly states there's a penalty (=1/2 the remaining cost) for early subscription termination. the same as your other leases.  the only differences are your expectations, and your unfamiliarity with software subscriptions.

those terms could (and imo should) be made much more visible when users subscribe to the annual subscription with monthly payments. as it's currently implemented, i can understand how someone might not notice those terms. 

otoh, it should have been obvious that there had to be something to incentivize users to continue making monthly payments (at a lower cost than the monthly subscription), otherwise why would adobe even offer a monthly subscription at a higher monthly cost?

in any case, these "scam" arguments have been going on for years and i'm pretty sure adobe has the legal bases covered (but i don't have expertise in this area, so maybe you can start a class-action lawsuit).

[f.d88678370]

It is amazing to me how many people and staff think that they can just invent rules and say that those go above the law.

It does not work like that, obviously 😂

[f.d88678370]

Ps; assumption much?

I'm managing an international software and cloud portfolio end to end, have a legal background and know the exact legal requirements.

You'd be surprised how many companies think they can just copy their US laws and assume they can get away with it.

[kglad]

then you're no doubt more knowledgeable than me about this.  good luck!

[John T Smith]

This is a public forum... try the address below

Adobe, 345 Park Avenue, San Jose, CA 95110-2704 USA Tel: 408-536-6000 Fax: 408-537-6000

[Nancy OShea]

@f.d88678370,

Adobe offers three payment options:

• Annual, paid monthly
• Annual, pre-paid
• And a costlier Monthly option which you can cancel at anytime. No termination fees.

There's nothing unlawful about any of this.  You opted for the cheaper annual plan.  If you understand law, you also know how important it is to read the terms you are agreeing to BEFORE you give your payment card details.

Subscription & Cancellation Terms:
https://www.adobe.com/legal/subscription-terms.html

Goodbye & good luck.

[f.d88678370]

Yes, I know it is a difficult concept sometimes for people in the US ro understand their laws do not apply everywhere 😂

Just like big corporations seem to struggle to understand that terms and conditions do not supercede the law, or that they cannot refer to US law being applicable law towards EU consumers.

Shocking how many sheeple are ready to make such firm statements without knowing anything about the law in the Netherlands clearly!

[f.d88678370]

Let me share a translated article:

https://www-amsadvocaten-nl.translate.goog/blog/algemene-voorwaarden/algemene-voorwaarden-de-d-van-d...

[Nancy OShea]

This is a non-issue for most customers who wait until their 12 month to cancel.  Cancellation fees are incurred ONLY when you cancel your ANNUAL plan early. 

This is from Adobe's General Terms of Service:

https://www.adobe.com/legal/terms.html

"If you reside outside of North America, your relationship is with Adobe Systems Software Ireland Limited, and the Terms are governed by the law of Ireland. For customers in Australia, Adobe Systems Software Ireland Limited is acting as an authorized agent of Adobe Systems Pty Ltd. and is entering into this contract in its capacity as agent for Adobe Systems Pty Ltd. You may have additional rights under your local law. We do not seek to limit those rights where it is prohibited to do so by law."