doru saidTo me, downloading something is “immediate performance”.
Here you go, immediate performance right there after purchase. What I was trying to tell you.
based on what? Stop taking parts of the paragraph and work only with them
that paragraph clearly states that the download/streaming is made immediately after purchase. there is no “immediate performance”, there is “immediate download or streaming”
lekiend saidYou agree to the rules when you sign upto a site, so legally you have signed to say you agree to the rules, you don’t need a checkbox for each order.
If the customer must “explicitly acknowledge” that he loose his right, if have to agree someway. I guess a checkbox like for “terms and conditions” is the best way to achieve this.
no, that law refers to the fact that some type of digital content providers doesn’t make clear what you purchase and how much it cost and that they will take money from your card/bank account automatically. Is targeted more specifically to free to play games that have in game real money purchase.
“Specifically, the trader must first obtain your explicit agreement to the immediate download or streaming, and you must explicitly acknowledge that you lose your right to withdraw once the performance has started.”
you need to read and understand the paragraph as a whole. You can’t take part of laws and apply only bits of it
So it can’t be:
you must explicitly acknowledge that you lose your right to withdraw
and then apply to any action you do on the marketplace. It needs to be the full paragraph.
If you read above they talk about immediate download or streaming. Since there is no “immediate download and steaming” here (one click type of purchase) the paragraph above doesn’t apply.
Its written black on white in the law: Specifically, the trader must first obtain your explicit agreement to the immediate download or streaming, and you (the customer) must explicitly acknowledge that you lose your right to withdraw once the performance has started.
but nothing about check box.
First you don’t automatically download an item after purchase here. You need to click a button.
What that paragraph refers to, and why those changes had been made this year, is about the in game purchase. For example you download a free game, you start playing, you hit “buy coins” and since the card is linked with your account (google for example) they automatically take your money. Well that was not ok.
Second, there are a lot of rules that run a marketplace and I think all of them are important. There are multiple links everywhere that link to where the rules are if one want to read them.
Ask him how much it cost to move your business to an offshore country and which country he suggest to go to. What are the steps also.
Not really full compliance because the customer is not advertise clearly about that and customer do not agree with a chekbox validation before first download.
where is stated you need to click a checkbox?
When you sign up to the website you read a list of rules of how this market works and you confirm you understood them.
Specific to the download part. If you purchase something on envato marketplaces and you did not download it yet, you can ask for a refund and they will give it to you.
So full compliance with the law above.