If you find that in unawareness of the actual and legal position you have placed a supposed free of charge order, it is possible to dispute this contract on the basis of fraud and to avoid payment of the amount demanded.

To assist in any such case, the Börsenverein des Deutschen Buchhandels has drawn up a sample letter which can be used in responding to Construct Data. It is also suitable for Expo Guide forms.

Construct Data
Publishers Verlag AG
Ortsstraße 54
A-2331 Vösendorf
Österreich

Contestation

Your letter ... invoice ...

Dear Sirs,

You express the view in your letter that I/we have placed a legally binding order for a promotional entry in "Fair Guide". This is not the case. At the time, you had sent us a form together with the request to amend the existing, allegedly free of charge basic entry and to return the amended version to you.

We complied with this request, whereby we had of course assumed that our signature referred only to the correctness of the otherwise free of charge basic entry. It has only been upon receipt of your recent letter that our attention has been drawn to your view that in returning the form, we were entering into a contract ordering an entry that is subject to a fee.

This is not the case on the basis of your communications, however. We therefore take the view that the return of the signed form does not constitute an order for the entry. If you are of another opinion in this matter, we hereby dispute any advertisement order if applicable, since this was obtained through grossly misleading information and fraud.

In addition and as a precautionary measure, we herewith cancel any advertising order with immediate effect. This matter is now regarded as closed. We will not pay the sum demanded, instead reserving the right to take legal action against your company.