Construct Data Verlag AG: the scam from Austria continues unabatedly
By Aleksander Boyd
London 04.07.05 | Construct Data Verlag AG, Swiss registered
Austrian based publishers of the FAIR Guide continue, unabatedly with
their scam, targeting exhibitors the world over to rob them of their
monies. Making use of a deceivingly worded 'contract'
this venture of rogue traders sends thousands of such contracts to
companies around the world. It's a number's game; the more offers they
send the more likely someone somewhere will fall prey for their scam.
There exist precedent in Germany and Sweeden of courts ruling in favour
of companies threatened by Construct Data with legal action. What
strikes about this issue is that Austrian authorities are fully aware
of the improper dealings of the said company and yet have done nothing,
to date, to stop them. Based on the preposterous predicament that since
the racketeering practices are not conducted in Austrian soil, relevant
authorities turn a blind eye and allow illegal practices to be
conducted from that country. And one would think that criminals would
have a tough time operating in Europe... In the meanwhile Bruce Gaston
keeps sending me payment reminders in the belief that I will fall for
his scam. Think again Mr Gaston. To exhibitors around the world; if you
ever come across this company do as advised by Austrian Advertising Council (�WR):
Euro Ad Alert
Concerning the advertiser: Construct Data Publishers Verlag Ortsstr. 54 A-2331 V�sendorf, Austria Tel. 011 43/699 40 77-0 Fax 011 43/699 40 77-40
Please act immediately on this information and forward to interested parties __________________________________________________ Construct
Data publishers Verlag, located at the above address, has recently
attracted a considerable number of complaints to self-regulatory
organisations and consumer protection authorities across Europe, the US
and Asia. The mailings from Construct Data Publishers Verlag
contains an order form for an entry in the �Fair Guide� and stated that
the form should be completed and returned even if the recipient does
not wish to place an order. However, the complainants
subsequently discovered that signing the form had committed them to
placing an order. They therefore considered the mailing to be
misleading.
Complainant companies having
signed up in error and thus were unwilling to pay the subsequent
invoice, have been contacted by the Premium Recovery AG (Alte
Steinhauserstr. 1, P.O. Box 5346, 6330 Cham/Zug, Tel. 41-41 444 00 00,
Fax 41-41 444 00 01, [email protected]),
which is the debt collector of Construct Data Publishers Verlag.
The usual practice of the debt collector is that it sends collection
notices, and later on calls daily, threatening to take the company to
court. So far, no case is known to have been filed with a court.
The
�sterreichischer Werberat (Austrian Advertising Council (�WR)) has
twice investigated the mailing and found it to be misleading, and hence
in breach of the Austrian Advertising Code. It has asked the
advertiser to stop using the mailing in question. Construct Data
Publishers Verlag were also asked to ensure that all future advertising
should state payment obligations clearly and prominently and that its
advertising should not mislead by ambiguity. However, the trader
continues to distribute the mailing unchanged.
The
regional government of Lower Austria (Nieder�sterreich) has opened
legal investigations into the business practices of Construct Data
Publishers Verlag. If the company cannot prove that it is
operating legitimately, the regional government may initiate measures
to close down the company.
SROs are asked to alert
relevant parties concerning this advertisement, and alert EASA of any
similar mailings in your country. Should you need any further
information, please contact Kristoffer Hammer at the EASA Secretariat,
on [email protected]. End of alert.
Furthermore the AEO (Association of Exhibition Organisers)
invites anybody who has been caught out by the Fair Guide scam to
participate in a class action againt Construct Data Verlag. Please
contact Mr. John Sanders at AEO on +44 (0)1442 873331 or email [email protected] for further details.
Here my reply to the latest email received from Bruce Gaston. After
I posted the previous exchange I have received information from
Thailand and UK companies, which have been hassled by Construct Data.
The modus operandi is the same everywhere; the menacing templates received in Thailand are the same as the ones below.
Re: AW: Copy of your Order 95311 for minimum three periods of insertion in The FAIR Guide
Failure to remit the due monies will result in action by our International Collection Agency?? Yes sure.
This is my final message: don't harass me anymore if you think you
have a case it will most certainly be a pleasure to meet you and your
'International Collection Agency' in court. Given the precedent in
Germany and Sweden and the complaints raised by other UK ventures
against your company I reckon your legal standing is rather weak Mr
Gaston.
From: BruceGaston <B.Gaston@cdnet.at>
To: Aleksander Boyd
Date: 24/06/2005 13:48
Dear Mr Boyd,
In response to your recent communication we would advise you to
exercise care when basing your judgement of our business activities on
the opinions of third parties. Living as we do in democracies, we
cannot prevent anyone from posting their opinions, however
ill-informed, about our product or company on the internet. It is a
fate that befalls most large companies (Microsoft, Nike, Nestle...). It
remains a fact that the opinions expressed by others are often formed
on the basis of incomplete information and do not affect the validity
of your order and the facts surrounding the current matter.
With over 2.5 million entries and 14 000 fairs listed the FAIR Guide is
the largest reference work on trade shows and fairs in the world. It is
a very complex and comprehensive product, as you can convince yourself
if you look at our website (www.fairguide.com).
What you do not see is the highly complicated software developed by and
unique to our company, which allows us to create, track and update our
listings. The FAIR Guide's publishers, Construct Data Verlag AG, are a
legitimate company, registered and tax-paying in Austria and operating
in full conformity with Austrian, European and international law.
Please ask yourself if we would still be operating after nearly ten
years if there were anything improper about our business.
An order has been placed with us, confirmed by legally binding
signature, and services provided. If no compromise is found then you
will continue to receive reminders that can only be stopped by the
payment of the due invoice. Failure to remit the due monies will result
in action by our International Collection Agency.
Yours faithfully,
i. A. Mag. Bruce Gaston
Customer Services
+++++++++++++++++++++++++++++++++++++++
Construct Data Verlag AG
Ortsstrasse 54
2331 Voesendorf
Austria
tel +43-1/6994077 fax +43-1/6994077-992
+++++++++++++++++++++++++++++++++++++++
Re: Copy of your Order 95311 for minimum three periods of insertion in The FAIR Guide
Further to your e-mail, we went to our management to ask for their
opinion. With a view to settling the matter once and for all, they are
prepared to offer you (exceptionally and without prejudice to Construct
Data Verlag's rights):
either
an immediate cancellation against a single payment of EUR 1650. The
amount represents the minimum sum that would cover the set-up,
maintenance and administrative costs for your insertion, as well as
compensating for loss of business,
or
a reduction of the duration of your order to two years (keeping your
entitlement to all ancillary services e.g. free updates to your
integrated website).
They ask that you confirm your preference in writing, so that we could
register the status in our accounts department and provide the
corresponding invoice immediately.
Thank you.
Yours faithfully,
i. A. Mag. BruceGaston
Customer Services
+++++++++++++++++++++++++++++++++++++++
Construct Data Verlag AG
Ortsstrasse 54
2331 Voesendorf
Austria
tel +43-1/6994077 fax +43-1/6994077-992
+++++++++++++++++++++++++++++++++++++++
-----Urspr�ngliche Nachricht-----
Von: Aleksander Boyd
Gesendet: Montag, 16. Mai 2005 15:06
An: BruceGaston
Betreff: Re: AW: AW: AW: AW: AW: Copy of your Order 95311 for minimum three periods of insertion in The FAIR Guide
Wichtigkeit: Hoch
Dear Mr Gaston,
I am still waiting to hear from you re a sensible and mutually
beneficial way of settling this issue. Please do forward your views in
that respect.
Further to your e-mail of 14.03.2005, we are aware that your order
resulted from a failure to read our form before signing it, but would
like to specify again that by the time you contacted us on 07.02.2005,
we had already accepted your legally valid order for a full-size
advertisement in the FAIR Guide, acted upon it, and created your
company's full-size insertion and integrated website. By this stage we
had incurred considerable costs and we cannot simply write them off and
bear the full loss for an oversight occurring outside our control.
We remain open to discussion to find an agreement that both parties can
live with, but as a businessman yourself you will understand that your
offer to pay approximately 0.36% of the cost of an insertion cannot
possibly be considered, when the full price for a full-sized insertion
is EUR 2913. We have worked hard to set up and maintain the high
quality of our product and our costs are more than justified, given the
guide's complexity and worldwide scope. We do not offer pro rata
advertising rates and you can certainly not think that EUR 10 (GBP
7.50) would be sufficient to cover our costs, let alone compensate us
for loss of business.
Please return to us with a sensible offer for the consideration of our management.
Betreff: Re: AW: AW: AW: AW: Copy of your Order 95311 for minimum three periods of insertion in The FAIR Guide
Dear Sir,
I have just re-read the copy of the original order place with your
company. If I have understood correctly not only do we have to settle
this year's invoice of �674.55, what's more given the duration of the
contract you will also charge us, presumably, equal amounts each of the
next two years.
I have been sufficiently clear, since first writen and electronic
communication, vis-a-vis my definite desire to not have any business
with your company. My naive and misinformed belief that such service
was but part of the package I bought from Full Moon Productions has
been a mistake on my part. However the realisation of such err came
pronto upon receipt of invoice dated 03.02.05 and that very same day
[07.02.05] I sent two emails to your company [ [email protected] and [email protected] ] with the following message:
To whom it may concern,
I have just received an invoice [No F185195/95311] of an order [No
95311] dated 28.09.2004 [customer Nr. 52987826] of 674.55 pounds
Sterling for "Advertisement entry in the FAIR-guide for 1 year".
I do no recall having ever read or having been informed by either
Natural Products Europe or you of the costs involved in the said order,
therefore we are not willing to pay the said amount. Furthermore we do
not wish for our company's name or details to be included in your
registry at such an exorbitant price.
Please take our company's data off your guide.
Cordially,
These were followed by yet another email and a letter, all with similar
content. In further communications I have been explicit about not
wanting to have my company's details listed in your directory,
expressing that I would be willing to pay for the days elapsed since
insertion to day of first electronic communication [07.02.05] alas you
have ignored my requests to have these removed.
In your latest email you spoke about your duly noting of my penchant
for misintepretation and you further invite me "to start factual and
constructive dialogue to resolve the matter amicably" [sic].
I do not know what sort of understanding have you got for "factual and
constructive dialogue" thus let me hear it from you then.
Cordially,
Aleksander Boyd
9, Cleveland Court
Cleveland Street
London W1T 6NH
It has not escaped our attention that you have chosen to misinterpret
our sincere acknowledgement of your decision to refuse to find a
settlement that we can also agree to. Your propensity to interpret
documents on the basis of isolated phrases taken out of context (i.e.
order submission form) has been duly noted.
Please feel free to contact us when you are ready to start factual and
constructive dialogue with a view to resolve the matter amicably.
Yours faithfully,
i.A. BruceGaston
-----Urspr�ngliche Nachricht-----
Von: Aleksander Boyd
Gesendet: Donnerstag, 3. M�rz 2005 18:18
An: BruceGaston
Betreff: Re: AW: AW: AW: Copy of your Order 95311 for minimum three periods of insertion in The FAIR Guide
Dear Sir,
In any case the only mutually accepted compromise that I am prepared to
accept is to pay for the settlement of four day inclusion since the
date of issue of invoice to the date I communicated my firm desire to
have our company details removed from your database and website.
I have not chosen to close the channels and such language will not
deter me from defending my rights. As stated I was led to believe that
the inclusion of our contact details and company information was part
of the package purchased to Full Moon Productions. I also express
explicitly that I did not want for said details to continue to be
posted in your website and database. Ergo, from a stricly legal
perspective, at best I reckon you have a very weak case.
I do not know what sort of policies you pursue as a company vis-a-vis
customer satisfaction but certainly threats with international
collection agencies figure in my taxonomic dictionary of B2B
relationships as mere bullying.
Hence for the umpteenth time I demand the immediate removal of Vida
Organica Ltd data from your database and website and I hereby declare
that I do not wish to have commercial relationships of any sort or
nature with Construct Data Verlag AG, the FAIR Guide, or any subsidiary
that the aforementioned entities may have.
Cordially,
Aleksander Boyd
9, Cleveland Court
Cleveland Street
London W1T 6NH
T: +44 (0) 20 7387 0189
We are in receipt of your letter. We are sorry that our Customer
Services Department can be of no further assistance to you in
attempting to resolve the ongoing matter. We remain committed to
finding a mutually acceptable compromise should this be your wish, yet
we cannot ignore the terms and conditions set up to protect your rights
as a customer and our interests as a service provider.
You have chosen to close the channels of communication but this will
not affect our actions regarding your order. If no settlement can be
agreed then you will continue to receive reminders that can only be
stopped by the payment of the due invoice. Failure to remit the due
monies will result in an international collection agency being engaged
to recover the full sum owed.
Betreff: Re: AW: AW: Copy of your Order 95311 for minimum three periods of insertion in The FAIR Guide
Wichtigkeit: Hoch
Dear Sir,
as stated we will not settle the payment for we do not want to be included in your guide.
Please remove our company details from it immediately and note that the
said removal [...furthermore we do not wish for our company's name or
details to be included in your registry at such an exorbitant price...]
(sic) was requested by us the very same day I received your invoice on
February the 7th, on email message addressed to [email protected] and [email protected] , by which time our company details would have been posted on your guide for four days according to date of invoice.
Cordially,
Aleksander Boyd
9, Cleveland Court
Cleveland Street
London W1T 6NH
T: +44 (0) 20 7387 0189
We must ask you again to refer to the order conditions printed on your
order form. We are confident that we do not have to advise you that a
contract can only be cancelled when the other contractual party agrees
to it and with respect to the terms and conditions governing the
agreement. We remain ready to start constructive dialogue with a view
to resolve the matter amicably but a simple cancellation whereby
Construct Data carries the full costs is commercially not acceptable.
Yours faithfully,
i.A .BruceGaston
-----Urspr�ngliche Nachricht-----
Von: Aleksander Boyd
Gesendet: Donnerstag, 24. Februar 2005 11:04
An: BruceGaston
Betreff: Re: AW: Copy of your Order 95311 for minimum three periods of insertion in The FAIR Guide
Wichtigkeit: Hoch
Dear Sir,
as stated we will not settle the payment for we do not want to be included in your guide.
Please remove our company details from it immediately and note that the
said removal [...furthermore we do not wish for our company's name or
details to be included in your registry at such an exorbitant price...]
(sic) was requested by us the very same day I received your invoice on
February the 7th, on email message addressed to [email protected] and [email protected] , by which time our company details would have been posted on your guide for four days according to date of invoice.
Cordially,
Aleksander Boyd
9, Cleveland Court
Cleveland Street
London W1T 6NH
T: +44 (0) 20 7387 0189
M: +44 (0) 7958 425670
Further to your e-mail, we note its contents but are not entirely
certain how you could have reached the conclusions stated in it. All
the necessary information was on the form you signed (a copy of which
is enclosed).
The FAIR Guide ( www.fairguide.com
) is an Internet publication that lists details of trade fairs, shows,
etc. and their organisers and participants all over the world. The
reason the Natural Products Europe Fair was mentioned on the form is
because your company is listed under this show in the FAIR Guide. The
name is included for information purposes only. To avoid any
possibility of confusion our order form states in the second paragraph:
"The FAIR Guide is independent, objective and not affiliated to any
organiser or marketing association".
There are two ways of
being included in the Fair Guide. You can use the form to either
correct/update the free-of-charge, single line entry, showing basic
data only (company name, address, phone, fax and e-mail), or order a
full-sized insertion, and integrated website, allowing for
comprehensive data to be published. You have ordered the second of
these. All business conditions, including price, are in the paragraph
"Order" immediately above the space for a signature, confirming the
order.
On receiving the form, we acted in good faith and created for your
organisation a full-sized insertion, and integrated website. Since we
have provided the services ordered we have a right to expect payment
for them. Our business conditions (given on the form) do not permit a
cancellation at such a late date and we cannot simply write off costs
incurred for services provided in good faith. We therefore request
settlement of our invoice.
Yours faithfully,
i. A. Mag. BruceGaston
(Customer Services)
+++++++++++++++++++++++++++++++++++++++
Construct Data Verlag AG
Ortsstrasse 54
A-2331 Voesendorf
Austria
tel +43-1/6994077 fax +43-1/6994077-992
+++++++++++++++++++++++++++++++++++++++
-----Urspr�ngliche Nachricht-----
Von: Aleksander Boyd
Gesendet: Freitag, 18. Februar 2005 12:03
An: BruceGaston
Betreff: Re: Copy of your Order 95311 for minimum three periods of insertion in The FAIR Guide
Wichtigkeit: Hoch
Dear Mr Gaston,
many thanks for your reply. As stated in previous emails and letter, I
was unaware of the high cost of this service and I was led to believe
that said inclusion was part of the package offered to exhibitors of
the Natural Products Europe Fair held in Olympia last April, organized
by Full Moon Productions.
However complete and functional the service of the Fair Guide may be,
we are not going to pay for that inclusion for the reasons
aforementioned.
Cordially,
Aleksander Boyd
9, Cleveland Court
Cleveland Street
London W1T 6NH
Further to your e-mails and letter, you can see from the attached copy
of the order form that an order was placed with us for full inclusion
in the Fair Guide under the conditions stated in the paragraph "Order",
confirmed by legally binding signature. All necessary information - our
services, the two types of entry in the guide, our contact details and
all business conditions including price and duration of the order - are
printed on this form. Your company has placed an order for a full-sized
insertion and integrated website, allowing for comprehensive data to be
published. This includes:
a. an enlarged database insertion with your company name, address,
telephone and fax number, and links to your e-mail and homepage address,
b. an "Integrated Website" which can be created individually for your requirements.
This website can have 4 subpages: a "Homepage" where again your basic
data is shown, "Further Details" for your company profile, "Products"
for description of your products and services, "Agencies and
Representations" for the basic data of such agencies / representations
/ subsidiaries and their short presentation.
c. a free fax contact service for clients / business partners
Moreover, our paying customers are prioritised in any searches carried
out through the main website and can maximise their search profile by
specifying ten keywords. Your insertion is linked to all the fairs you
participate in that we know of. Please let us know if we have missed
any out.
Your full-size insertion and integrated website were created by us and
have been published online since 03.02.2005. They can be viewed through
the search facilities on our website www.fairguide.com .
Please note the navigation buttons to take you to other pages.
Orders last for a minimum period of three years. A premature
cancellation is not possible. The currently valid specifications
Exh/Adv for the completion and maintenance of clients' insertions are
published under http://www.fairguide.com/docs/exh_adv.pdf
. This service is included in the amount invoiced per year, and we are
at your disposal for any corrections and updates needed at no further
cost.
We trust that this information clarifies your query
and that the invoice can now be settled. Please contact us if you have
any other questions.
Yours faithfully,
i. A. Mag. BruceGaston
(Customer Services)
+++++++++++++++++++++++++++++++++++++++
Construct Data Verlag AG
Ortsstrasse 54
A-2331 Voesendorf
Austria
tel +43-1/6994077 fax +43-1/6994077-992
+++++++++++++++++++++++++++++++++++++++