Lyoness changeover to the 2014 General T&Cs is illegal according to a final judgement!

The Court for Commercial Matters in Vienna has stated in a final judgement of August 16, 2017 that the changeover to the new General T&Cs was illegal.  The plaintiff could only view the 2014 General T&Cs after clicking on them. By this verdict, the plaintiff has also been adjudged her investments including interests minus the compensations she has received.

An extract of page 8 of the verdict shows how sneakily Lyoness has coerced its members:

“Objectively, the plaintiff did not have the possibility to become aware of the new General T&Cs when she switched to a new system which had been initiated by the defendant. The defendant did neither present the new General T&Cs to the plaintiff after the findings, nor did she have any other opportunity to read them before the changeover to the new system. The General T&Cs from 2014 have therefore not become subject matter of the contract between the two parties.”

Source: Verbraucherrecht.at, BGHS 16.08.2017 5 C 587 16h  

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