unfair terms in RoR dropcatcher's T&C

[donton]

Yep, I said that, that's not what's being argued

You said he’s profiting off people being stupid, which is incorrect (and I doubt the op would appreciate that either.) DC profits off anyone who books a catch with them - including me, including @Nigel, and including the bloke who spent 7k or whatever it was.

And fwiw I also think you’re wrong because in my opinion, DC offers a decent service.

It’s not for DC to decide what domains their users have “virtually no chance of success” in catching.

You pays your money and takes your chances. You also get told countless times it’s non refundable. Could not be clearer.

 

[Murray]

And fwiw I also think you’re wrong because in my opinion, DC offers a decent service.

I'm sure they do for general drops, but bulk catching RoR was a tough ask and unlikely to go well (unless they were mostly uncontested names)

I'm not calling OP stupid, just their decision in this instance

Non-refundable = clear,

Just how unlikely they would be to succeed = one would presume unclear to OP, but clear to DropCatcher

It’s not for DC to decide what domains their users have “virtually no chance of success” in catching.

That's whats black and white for some, grey to others.

 

[diablo]

I did acknowledge that nothing illegal had occurred and that the thread starter was naive to spend so much with no guarantees. As for my assertion that it's morally repugnant, my compass obviously points to a different place than yours.

Agreed.

 

[Sean]

withdrawn

 

[Sean]

withdrawn...

 

[tim171080]

- Tim, why did you ignore the obvious terms?
- Dropcatcher, why didn’t you talk to Tim in advance of the drop?

I wouldn't say I ignored them, ignoring would mean that I was aware of them and then decided not to take them into account.
Truth is, I was naive (or stupid) enough, not to thoroughly read through their T&Cs or other parts of their website. 3 reasons for this (one more stupid than the other):
1.) I was getting my list ready very late, so I was in a hurry.
2.) Then the order process did not work properly, so I had to contact Simon via email, and he accepted my orders via email CSV-file.
3.) I know dropcatching in the .de and gTLDs spheres since 2004, I used all 5 relevant catchers for .de, at least 8 relevant catchers for .com. And guess what, NONE of them ever had the custom to keep the customers' money if they did not succeed. So I simply did not expect such a term.

None of this is an excuse. It's just plain stupidity. Nonetheless, I have a legal point that has nothing to do with this argument and that I will not elaborate here.

 

[donton]

I wouldn't say I ignored them, ignoring would mean that I was aware of them and then decided not to take them into account.
Truth is, I was naive (or stupid) enough, not to thoroughly read through their T&Cs or other parts of their website. 3 reasons for this (one more stupid than the other):
1.) I was getting my list ready very late, so I was in a hurry.
2.) Then the order process did not work properly, so I had to contact Simon via email, and he accepted my orders via email CSV-file.
3.) I know dropcatching in the .de and gTLDs spheres since 2004, I used all 5 relevant catchers for .de, at least 8 relevant catchers for .com. And guess what, NONE of them ever had the custom to keep the customers' money if they did not succeed. So I simply did not expect such a term.

None of this is an excuse. It's just plain stupidity. Nonetheless, I have a legal point that has nothing to do with this argument and that I will not elaborate here.

Other parts of the website being part of the checkout flow where you had to tick “I understand that Dropcatcher does not offer cash refunds”?

Bowing out of this thread now, can’t believe what I’m reading here.

 

[tomclowes]

I wouldn't say I ignored them, ignoring would mean that I was aware of them and then decided not to take them into account.
Truth is, I was naive (or stupid) enough, not to thoroughly read through their T&Cs or other parts of their website. 3 reasons for this (one more stupid than the other):
1.) I was getting my list ready very late, so I was in a hurry.
2.) Then the order process did not work properly, so I had to contact Simon via email, and he accepted my orders via email CSV-file.
3.) I know dropcatching in the .de and gTLDs spheres since 2004, I used all 5 relevant catchers for .de, at least 8 relevant catchers for .com. And guess what, NONE of them ever had the custom to keep the customers' money if they did not succeed. So I simply did not expect such a term.

None of this is an excuse. It's just plain stupidity. Nonetheless, I have a legal point that has nothing to do with this argument and that I will not elaborate here.

Tim, for what it’s worth (sadly very little), you come across well, seem to be honest, and imo deserve a cash refund. How the law sees things I do not know but hopefully you will keep us updated.

Given that some comments on this thread imply there are laws about ‘reasonable contracts’ and the like I would assume that you have a good case.

Also.. if you placed the order via email there really is no excuse for not sending a quick ‘are you sure?’ email.

 

[ian]

I think your only chance of recourse would be if you have evidence to suggest no attempt was made to register your booked domains. Yes there is no guarantee of success but would imagine with such terms, attempts must at least be made. It was said that these bookings were very last minute and if 'first come first serve' it would suggest lower perceived quality domains so I'm surprised none were registered. Obviously unaware of the facts so just my thoughts. I'd just ask whether that 7k in anyway paid for a service rendered, and as a business, whether a negotiated refund might be most sensible all round. Hope it gets resolved.