Alternatives to ShareIt/MyCommerce/Digital River

[ibexpert]

if you search for data for "digital river holding gmbh" on www.handelsregister.de, you see a newer doc published on 24th of oct 2024 that keith bush was appointed there to be new ceo for that company on 2nd of oct 2024, replacing there also Mr Murray. i expect the same was done with "digital river gmbh" but not yet published there for whatever reason on the same channels.

but the company definitly runs already on no real business substance at all, service-now is just AI Bullshit answers, sent documents like "invoices" are of no use for anyone. They are playing for additional time to take away as much money as possible before they will go involuntary on third party insolvency administrator to just find out the company needs to be closed immidiatly due to bankruptcy due to lack of assets and nobody will even get a single euro from them.

[elassi]

In any case replacing the director several times within a short period is always a huge warning signal.

[OliverDocklight]

To be sure it may help to refuse the new contract in a written statement. (2ct)

From what I understood here in the forum, refusal via customer support would have triggered:
- AI fantasy costs
- Closure of account.
(Please correct me if I'm wrong).
IMHO it's ok for them to change their business model and it's ok for us to refuse, but then parting ways is the direct outcome. I really support DR's right to abandon a business model that doesn't work for them any more. And to close the accounts of those who do not agree to the new terms. It's just their closure/termination process seems to be geared to freezing access and blocking operations that are vital for you to do a proper shutdown and bookkeeping, and you are not in the position to do anything against it.

So this is not a situation we wanted to be trapped in. The October invoice was essential to reflect the transactions correctly, especially in terms of VAT. Now that this is settled we can indeed request closure.

[elassi]

Sending them a letter (preferably "Einschreiben") to their postal address, maybe at two locations (wtf?!) should not trigger new fantasy support costs.

You're right with everything else you wrote, though. Changing "AGB"s happen all the time and with 'normal' business relations it's up to both parties to agree on them - or not. Then the relationship goes on - or ends.

[OliverDocklight]

Bullshit answers, sent documents like "invoices" are of no use for anyone.

Again, I disagree on the "invoice". IMHO we required that. The sum of all this now roughly reflects the sum of transactions (sales and cancellation of sales). With maybe some minor questionable "customer support" and "platform fee" items. Besides the ridiculous amount of work hours, and having a lot of work ahead with this whole
"Sold via broken DR platform - required to cancel&refund - now sell again without the broken reseller in the middle"
- at least the math for the invoices roughly checks out.

[DKSoft]

Hello,

I see that some of you still don’t understand the difference between the usual credit notes they sent before (in place of reverse invoices) and a recent invoice they sent.

Those are two totally different things.

Credit notes they sent on the end of month (and in old days in the middle of the month) are DR obligations to you. You can use them to create invoice for DR. Positive value indicates they obligation to you.

The invoice (not really a credit note) they sent 01-NOV is a real invoice to you – it is your obligation to DR. It is actually a bill for new support costs, platform fee, and your negative balance. Of course, they sent it as soon as possible because it represents your debt. This invoice will never have a negative value.

The positive value on this invoice represents your obligation to DR, and they can sue you for this value as you can sue them for the value on a credit note you used to create the invoice for DR.

Some of you made a lot of refunds, so the value on this invoice is big (because of the negative balance). This is not such an issue for those who received Jully's payment, since those see this as (partial) debt already.

The problem is for those who made refunds and didn't get Jully payments. DR is now asking them to pay for refunded orders.

What are possible scenarios?

DR can compensate this invoice with their debt (sum of credit notes).
DR can sue you for this value on the invoice. You can try to make an agreement for compensation before DR takes legal action. If legal action happens I don't think that court can compensate this value since those are two different cases - you will need to sue DR for their debt as they are suing you.
...

And who am I?

I have been with ShareIt! since 2000.
Didn't get Jully's payment. It is about 28k what they owe me.
Did made one refund in October (about 5% of the whole value).
My access to the control panel is blocked.

To use their favorite wordings... Rest assured that DR is playing a dirty game.

[IaES]

Again, I disagree on the "invoice". IMHO we required that. The sum of all this now roughly reflects the sum of transactions (sales and cancellation of sales).
. .
. . .
. . .

As long as we can be sure that eventually the invoices showing what we owe them will be offset against what they owe us. (They owe me more than I owe them).

But administrators here in the UK are known for refusing to pay their suppliers while, at the same time, demanding payment from their customers - even when the creditor and debtor are the same person/company.

I read somewhere on the forum that german administrators do use offsetting - in which case we'll be OK. What I don't want is a protracted argument with DR about it when the only place to argue is via their solutions/support AI site.

[IaES]

. . .
. . .
To use their favorite wordings... Rest assured that DR is playing a dirty game.

Correct. So we can be sure that DR will not use offsetting to balance the account. They will demand payment of that november invoice and the only way to get what they owe you will be to sue them - because they ain't gonna pay it willingly.

[IaES]

. . .
. . .
To use their favorite wordings... Rest assured that DR is playing a dirty game.

Correct. So we can be sure that DR will not use offsetting to balance the account. They will demand payment of that november invoice and the only way to get what they owe you will be to sue them - because they ain't gonna pay it willingly.

Unless they do go into administration and then, there's a chance, that administrators will offset - maybe.

[yps]

Unless they do go into administration and then, there's a chance, that administrators will offset - maybe.

In Germany, you can always offset for everything that happened before insolvency was declared.

[IaES]

Unless they do go into administration and then, there's a chance, that administrators will offset - maybe.

In Germany, you can always offset for everything that happened before insolvency was declared.

Can you provide a link to a german legal paragraph that explains that (I do read/write/speak german)

At the very bottom of the 6.3 contract is says:

* We (ie DR) have the right to offset all Fees from amounts owed to you under the Agreement

So they have the right. It doesn't say that they 'must' offset. You guys who did big refunds should hope that they do offset - but I can't think of any reason why they would want to unless they are forced by german law?

[yps]

Disclaimer: I'm not a lawyer, and my information is from various articles i read about the matter, e.g. this one (in German): https://www.cmshs-bloggt.de/insolvenzre ... insolvenz/

Basically, German insolvency law says, if you were allowed to offset before insolvency was declared (because all payments were due, etc.), you will still be allowed to do it after declaration of insolvency: https://dejure.org/gesetze/InsO/94.html

There are a few exceptions mentioned in the article, but as far as I can tell, they are not of any relevance here.

[elassi]

I read somewhere on the forum that german administrators do use offsetting

There's no offsetting as long as you don't issue your own invoice or at least a statement that the other part can use as a reason to deduct or to set off their own invoice (they need it for their bookkeeping). You'll have to do this*.


_______________
* Not necessary between partners that work together on a reliable and trustful basis. Trustworthy business partners do it on their own (read: issue a credit note upon communication on the subject, documented by a written statement (example: "There were only 98 pcs. of cat suits delivered, while the delivery note says 100 pcs.").

But with DR everyone should have grasped by now that you can't trust them at all.

[elassi]

In Germany, you can always offset for everything that happened before insolvency was declared.

In any case you have to declare the reason for offsetting and send a note about it. There's a saying for it in German bookkeeping rules: "Keine Buchung ohne Beleg."

(Google translate: "No booking without proof.")

[alexcmn1]

These "invoices", if there will be no July-Aug during the next week for all vendors, look like a serious reason to proceed with collective lawsuit - since DR robbed your businesses, but also started to demand more ransom, each month, and it could last for several years.