Posts: 2
Joined: 27 May 2019, 21:39

What's up with the ToS?

27 May 2019, 22:08

Was looking into buying a Super SD system 3, but I check the ToS.

Considering Terraonion is in Spain and their ToS fit's in the category of "highly illegal" as it breaks not one but multiple EU laws. Terraonion's ToS seems to be a big legal issue waiting to happen.

To list the EU laws it breaks as stated in European Consumer Rights Directive (2011/83/EU):
-No mention of cancellation. EU law dictates a 2 week cancellation window, which bring me to the next one.
-No returns. Which makes cancellation impossible if the item is already shipped, unless Terraonion is happy with the consumer keeping the item. Which I doubt.
-No protection from from damaged goods in shipping. EU law requires there be consumer protection for this, which the before mentioned "no returns" policy makes impossible. Also no full refund/reshipping on damaged items in shipping.
-No protection from lost items in shipping. EU law dictates that all items should arrive in 30 days or otherwise agreed upon/stated time, and if that fails the seller be given a reasonable amount of time to comply. And if that fails the buyer be given a full refund or reshipping of the item.

I'm not familiar with Spanish law, but seeing the ToS I honestly wouldn't be surprised if there is at least one it also breaks. Considering more than half of the ToS text already breaks EU law an it's only 6 sentences.

This just smells like someone with no legal knowledge written it. Seriously, terraonion needs to have a lawyer write their ToS or it's just a matter of time before there's are massive legal issue with Terraonion.

Posts: 1
Joined: 27 May 2019, 23:31

Re: What's up with the ToS?

28 May 2019, 00:08

Te voy escribir en español....Un idioma que se habla en España.... Un país de Europa, esa que tanto Tos ilegal te crees que hay :lol:

1- terraonion hizo devoluciones del producto ssd 3 no desinformes a la gente, porque no tienes ni idea de lo que dices, asumiendo ellos un sobrecoste de la gente que eligió la devolución, por unas jailbars, que mucha gente notaba y terraonion cambio sus productos
2- que culpa tiene terraonion que...... FedEx, ups, usps, tu empresa de correos de tu localidad, rompa tu producto.... Tu debes reclamar a tu empresa de correo... Que tiene que ver terraonion, si los paquetes que ellos hacen van super protegidos?? :?
3-Which makes cancellation impossible if the item is already shipped, unless Terraonion is happy with the consumer keeping the item. Which I doubt.......... Jajajajajajajajajqjajaj..... Tu tienes algún tipo de retraso? De verdad quieres que te lo envíen y cancelar el pago?... Pero tu que tipo de calaña eres? :lol: :lol: te crees que unos chavales que invierten un dineral en crear, investigar y formar estos productos, les gusta que la gente se aproveche de ellos?? Pero de verdad tu te lees?
4-..... De verdad me alegro que no lo compres.... Compra antes un amigo y le cuentas tus mentiras... A lo mejor el se las cree... :lol:

Posts: 2
Joined: 27 May 2019, 21:39

Re: What's up with the ToS?

28 May 2019, 00:54

1. No such thing in the ToS. Thus unless it's clearly written on the product page not legally binding. And still would make the ToS a big legal issue waiting to happen. ToS is the legal reference for customers and legally binding, not some "you need to be in the loop" promise of the company. And they can easily add something that legally clarifies what is considered a fully functioning state, which can exclude jailbars. Like I said before, a lawyer needs to write their ToS.

2. Terraunion is legally considered the client of the postal service in the EU, not the terraonion customer. If there is damage terraonion can get their money back from the order. The terraonion customer on the other hand can not, as they are a third party. Meaning current ToS allows terraonion to both keep the money of there sale AND get there money back from the postal service (if their customer gives enough evidence of mishandling).
Or in simple terms this means, terronion customer lost quite a lot of money and terraonion got double their sales value and some free shipping fee on top.

3. There are loads of reasons a customer might like to cancel there order. That is, and shouldn't be a concern for Terraonion. Nor does it matter how much Terraonion invested. Some kid can steal there parents creditcard to order one, might want to change their order as they wanted a different version (AES/MVS being an easy mistake someone can reasonably make, especially as a gift), financial issues, etc.
2 weeks, legal requirement for a cancellation. Rather simple.

4. Laws don't lie, it's not exactly a complex document the EU has put up. Long, sure but not complex.

The current ToS is basically "We don't have to do anything for you, not ship it, not check if the shipping is done properly or care if you for whatever reason want to cancel, unless it arrives and doesn't work".

But my point is, current ToS is illegal. It's a legal trouble waiting to happen for Terraonion and makes it so their customers have practically no legal protection if Terraonion fucks up in some way. You don't like that I warn a company of future legal issues? Because if you like their products you rather not want them in a shit load of legal issues.

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Re: What's up with the ToS?

28 May 2019, 01:28

Thanks for the post. We take all suggestions under consideration.

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