Alternatives to ShareIt/MyCommerce/Digital River

[IaES]

Shit. but I see in DR Control panel one huge minus revenue , so they confirm the refund, won't refund the Customer, and will charge me

I've refunded only September's orders. I also have a big negative value in the october sales box. But I'm hoping/expecting that they won't try billing me for September refunds because they have not yet generated the September sales reports/credit note.

I'm unsure about refunding July and August orders because they have already generated the sales reports for those periods and any refunds for those periods would need to be charged against future sales - I'm not making any future sales so I have no idea what they would do about july/august refunds.

My concern is about if they go into administration. Administrators are very ruthless about (a) not paying any suppliers and (b) ruthlessly following any excuse to bill somebody even if they owe that somebody on a separate matter.

[sft234]

For me the decisive date is October 31th. I'm cusrious if they
a) send a statement for the September sales period normally, as they indeed did on September 30th for the August period
b) if they at least pay the August period based on their new contract

Well, I don't really expect that they pay anything, but if they don't even until then and even broke their newest contract you can be sure that the game over

[Syncsro]

The game is over anyway

[yps]

I'm unsure about refunding July and August orders because they have already generated the sales reports for those periods and any refunds for those periods would need to be charged against future sales - I'm not making any future sales so I have no idea what they would do about july/august refunds.

The order I refunded yesterday (via PayPal) was actually from July.

My concern is about if they go into administration. Administrators are very ruthless about (a) not paying any suppliers and (b) ruthlessly following any excuse to bill somebody even if they owe that somebody on a separate matter.

And I'm not a lawyer, but from all I know and read in the past days, you can still offset claims and debts, as long as they were generated before insolvency was declared.

For fellow German victims: https://www.cmshs-bloggt.de/insolvenzre ... insolvenz/

[DrOli]

Did anybody get any payment for July?
If not, sft234, why do you expect something different for August? I am just curious as I understood that nobody receive anything since June payment.

[Christian67587]

No money since 15th July here.

[Schaum1970]

Same here. No money since 15 June.

[MikePhilip]

No payment since July 15.

[IaES]

And I'm not a lawyer, but from all I know and read in the past days, you can still offset claims and debts, as long as they were generated before insolvency was declared.

For fellow German victims: https://www.cmshs-bloggt.de/insolvenzre ... insolvenz/

Thank you for that link - I do read German. The key words there are "Voraussetzung ist dass kein Aufrechnungsverbot existiert bzw vereinbart ist"' (ie no ban on offsetting exists or has been agreed)

I'd need to read our contracts to see if any such Offsetting agreement is mentioned and, if not, then I'll see about getting some orders refunded tout de suite.

On the other hand I really don't want to get tied up in legal arguments with anyone. I can make more money but I can't grow back the hair I pull out of my head worrying about money I lost.

So maybe it's time that I just washed my hands of the whole thing and just got on with my life. Write this off as a lesson and, in future, be sure not to have all my eggs in one basket.

[barteko]

So it turns out that if you cancel, you're in worse situation than if you leave account open, despite $100 monthly fee. I'm thinking about "cancelling my cancel request". Essentially you're gambling that MyCommerce will be alive and well and in mood to pay anything in April 2025. On the other hand you'll be paying $100 per month, but have some hope to get at least something while DR is still alive.

And I thought they don't have more means to torture us

I wouldn't say that in worse situation. As of now nobody got paid, regardless terminating the agreement or not. I have terminated the agreement on September 24th not to fall into $100 monthly fee and $185/h support fee.

I got confirmation from the support, when it was still more or less working (exactly on September 30th) that my July payment is to be executed that day and that the 180 days applies only to the August and September payment.

Of course the 180 days is not mentioned anywhere. Theoretically maximum period for CC chargeback is 120 days + 20 days for the business to respond with compelling evidence. However 180 days calculated from account termination notice is already on top on actual transactions that have been made up to two months ago - in my case August 1st was already 55 days prior to my account termination notice. Hard to defend holding all money for that period, based on quote from agreement 6.1:

(e) Reserve. Digital River may determine to exceptionally holdback some or all of the money that is in your account if Digital River has reason to believe that it might be necessary to cover future refunds, charges against your account, or other liabilities you may owe to Digital River including but without limitation any chargebacks and fines. Digital River may also holdback some or all of the money if Digital River has reason to believe that the funds represent fraudulent Transactions or involve other kinds of illegal activities. Digital River will only holdback those amounts which are reasonable under the circumstances. Digital River’s statements or other communication will note how much Digital River is holding back and shall where possible consult with you prior to taking action with respect to the issue that caused this delay in payout. Digital River will keep any held-back amounts only for a reasonable time as determined in our sole discretion and will promptly pay over to you any remaining held back amounts after that reasonable time has passed.

Also, this point does not say anything about account termination... so they can use it against everybody - i.e. they might have reason to believe, that upset vendors will trigger refunds to all transactions or ask customers to file a chargeback after 119 days, whatever...

[Syncsro]

If everybody refunds, they will have huge problem, I have no problem going with them to the court if they press charges, have downloaded all communication since June when they stopped paying, Plus have their credit invoices they refuse to pay

[Syncsro]

Can't imagine any judge after reading all the bizarre shit, 4x KYC, non-documentary phone check, etc, that will decide in their favor

[IaES]

If everybody refunds, they will have huge problem, I have no problem going with them to the court if they press charges, have downloaded all communication since June when they stopped paying, Plus have their credit invoices they refuse to pay

When they refund they refund the total order value to the customer so the customer gets everything back. (That's if DR actually do the refund)

But DR still want their margin (their fee) for the order which they keep from the balance in your account. So if you do refunds don't refund everything. Leave enough in the account to cover their fees for the sales plus any expenses. If there's no money left in your account they'll likely bill you.

[Syncsro]

I know, And I won't pay it, so they will have to start a procedure, and that's exactly what I want, since we don't even know what's their correct address, is it Köln, Frankfurt etc etc?

[jcq]

The correct address is:
Digital River GmbH
Scheidtweilerstr. 4
50933 Cologne
Germany

Commercial Register: HRB 56188 / District court of Cologne
VAT ID: DE194149069 - Tax ID: 223/5804/6905

I contacted today a lawyer (with team in germany) to get the official status of the company, i keep you informed...

JC