Cold caller sold me advertising yesterday. Can I get out of it?

poohbear59

This is a copy of the e mail I received. When the seller talked to me he made it sound like a lifestyle magazine, not a magazine full of adverts only. He said it was subscription only and had 42000 readers. I have found out it is given free to businesses and does not have subscription only.

I have removed personal information. We have no spare cash at all and I feel so stupid and upset to have been fooled into this. I think it is the terms and conditions which has scared me. I was happy to make a telephone agreement when I was fooled into thinking it was a 'proper' magazine. Please can someone let me know if I have any way to get out of this legally?

I received the email yesterday and didnt reply so have already not kept to the terms of it.Thank you



[FONT=&quot]Please find below details outlining your booked space, at this stage you simply need to reply to this email to confirm the details are correct. Any questions , give me a call on the number below, [/FONT]
[FONT=&quot]Thanks again,[/FONT]


[FONT=&quot]Receipt of Booked Advertising – Please reply confirming details[/FONT]

[FONT=&quot]Please Note: In pursuance of our total quality management programme and to further our commitment to good service, [FONT=&quot]please reply to this email today to confirm that all the information is correct[/FONT] (I.e. company, contact name etc) as the details below represent an existing verbal agreement of the booked advertising space. [/FONT]

[FONT=&quot]Company:[/FONT][FONT=&quot]
[/FONT]

[FONT=&quot]Payment Method:[/FONT][FONT=&quot] Credit, Debit Card. Detaild to be taken within 7 to 10 working days but nothing is processed until you have signed off the final design of the advert.[/FONT]

[FONT=&quot]IMPORTANT INFORMATION[/FONT]

[FONT=&quot]Replying to this email:[/FONT][FONT=&quot]Please reply to this email today 'confirming to the details' so we can send it through to accounts at the reduced rate agreed and so that we have all the correct information for you i.e contact name and address[/FONT]

[FONT=&quot]Advert Copy[/FONT][FONT=&quot]Required:[/FONT][FONT=&quot] [FONT=&quot]1 or 2 images and 80 words of text plus contact details [/FONT][/FONT]

[FONT=&quot]Advert Copy Deadline: [/FONT][FONT=&quot]Please send the advert copy to us by[/FONT][FONT=&quot] Feb 20th 2012 (info to be taken from website as agreed)[/FONT]

[FONT=&quot]Proofing:[/FONT][FONT=&quot] [FONT=&quot]You will be proofed before press by email after[/FONT][/FONT][FONT=&quot] Feb 26th 2012[/FONT]

[FONT=&quot]Your package includes:[/FONT]

• [FONT=&quot] A 10 x 5cm advert [/FONT]
• [FONT=&quot]1 or 2 images and 80 words plus contact details [/FONT]
• [FONT=&quot]It will be in issue 116 [/FONT]
• [FONT=&quot]The advert will be in The Annual Walking & Rambling Guide 2012 [/FONT]
• [FONT=&quot]Full proof of advert before press [/FONT]
• [FONT=&quot]Featured live on the Magazine website during 2012[/FONT]
• [FONT=&quot]Full copyright of your advert design[/FONT]
• [FONT=&quot]Copies of the magazine with your advert in [/FONT]
• [FONT=&quot]This was agreed at the reduced rate of £110.00 (no VAT) – not payable until proofed.[/FONT]

[FONT=&quot]Kind regards[/FONT]



[FONT=&quot]Terms & Conditions:[/FONT][FONT=&quot] No reply to this Receipt does not constitute a cancellation, as the advertising is booked , is a verbal agreement and telephone booking where there is no cooling off period. Please adhere to copy deadline, if we do not receive advert copy within the specified time scale we cannot guarantee that your advertising will be in the issue stated above. If the advertisement does not go to print in the issue stated in the Receipt due to no fault of The Magazine, then your payment will be processed on the date that the magazine goes to print and the advertisement will then be carried over to a following issue. If payment is not received within the specified time scale as stated on this Receipt of Booking then this can result in the client being invoiced for the full rate card value of the advert space. You will be sent a proof of your advert before press, please make sure you get back to the design team in the specified time scale as if they do not hear anything they will assume it is fine and the advert will be sent to print as is. Advertisements are accepted subject to approval of copy and the right of The Magazine to alter, reject, suspend or cancel any order without assigning a reason, we cannot guarantee insertion dates. Although every case is taken in printing, refunds or credits will not be made unless corrections are notified following proof. Where two or more insertions have been requested, advertisers are advised to check the first insertion carefully. Credits will not be given against minor errors which do not corrupt the overall meaning of the advertisement. The placing of an order is deemed as an acceptance of these conditions. [/FONT]

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I think the BD isn't helping either. They have all my info from my website.

bris

Business to business so normal consumer rights do not apply, this falls under contract law and you would need to show it to a solicitor for any help.
Tbh I think you may be stuck with it as a contract has been formed, if you don't follow through they can also rescind the discount which is something worth thinking about if it is a large discount.

mo786uk

Business to business advertising 'scams' are common

Most usually you get talkedinto paying for some crap magazine that no one ever looksat. Sometiems the magazine people iwll claim you agreed an advert when you didnt really agree.

You oculd just not pay and let them take you to court. In court you would prob lsoe unless you could show they misled you.

In the emantime just email them stating you wnat to cancel and the reasons why - they prob wont accept and will keep calling yo - but that is soemthing you will have to put up with.

If you have already given your card details they will probably take the money regardless.

poohbear59

I have learnt something if I don't get anything else out of it. We have only had a business since last May so are new to all of this rubbish. If we weren't so strapped for cash it wouldn't be such a big deal.

I will phone them tomorrow and say I was misled and see how I get on. From now on I won't be so trusting. I wonder if there are any warnings on here about advertising scams?

arcon5

What company is it out of curiosity?

Our business line received more telesales calls than customer enquiries - if they asked for me personally (being listed as the director) i'd tell them he wasn't available and to call back -- was always quicker & easier than saying 'your speaking to him and i'm not interested'.
To my point though... many of these was 'we have advertising space in our fire fighter/police/school/whatever they can think off.. magazine'. So if somebody has this type of space available it's usually a load of rubbish!

If it is this type of thing, i'd be tempted to reply to the email 'Following our telephone conversation yesterday I said I would think about it - I did not in any way agree to this advertising and having thought about it do not wish to do so'. See what they can prove. If they claim to have recorded the conversation, call their bluff by making a subject data access and see what happens (note though they can charge upto £10 admin fee for this). They'll probably just drop it and find their next victim.

Flyboy152

For them to seek compensation for any breech of contract they have to show a genuine pre-estimate of any losses they have incurred. I would ask them to prove to you what the losses are and until they can prove them, you will not be paying the a penny.

If they are relying on a "verbal agreement" as proof a contract exists, you can also add that they agreed to fly you to the moon and back.

arcon5

Flyboy152 wrote: »

For them to seek compensation for any breech of contract they have to show a genuine pre-estimate of any losses they have incurred. I would ask them to prove to you what the losses are and until they can prove them, you will not be paying the a penny.

That's not necessarily the case for B2B contracts.

I knew somebody that signed a contract for a spot in a shopping center for a 12 week period in the runup to Christmas one year (under £5, not by much though) . Having changed her mind she sent cancellation notice to the mall -- they in turn rejected this, made the space available as they advised they would and sued her for the outstanding balance -- successfully.

I've also read a case (might try find the link) of a chap who rented an office in one of these office blocks. His business went under (sole trader) and he left, posted the keys back to the landlord who did nothing in terms of replacing him. He argued in court the Landlord should have attempted to mitigated his losses -- however a judge found in favour of the landlord stating the LL had no obligation to find a new tenant on the defendants behalf.
It's infact common for premises to be sub-let in situations like this.

If they are relying on a "verbal agreement" as proof a contract exists, you can also add that they agreed to fly you to the moon and back.

I imagine they will use the 'all calls are recorded' tactic -- but still worth calling their bluff and seeing how far they are willing to take the matter. Can't imagine them wasting much time over it via the legal channels for a verbal based contract/

mo786uk

They do osmeitmes record calls so dont assume they don't. If you have agreed to a contratc and it goes to a court and you deny it you will look stupid.

Just contact them and say it was not what you thought it was and you wont be paying.

Flyboy152

arcon5 wrote: »

That's not necessarily the case for B2B contracts.

I knew somebody that signed a contract for a spot in a shopping center for a 12 week period in the runup to Christmas one year (under £5, not by much though) . Having changed her mind she sent cancellation notice to the mall -- they in turn rejected this, made the space available as they advised they would and sued her for the outstanding balance -- successfully.

I've also read a case (might try find the link) of a chap who rented an office in one of these office blocks. His business went under (sole trader) and he left, posted the keys back to the landlord who did nothing in terms of replacing him. He argued in court the Landlord should have attempted to mitigated his losses -- however a judge found in favour of the landlord stating the LL had no obligation to find a new tenant on the defendants behalf.
It's infact common for premises to be sub-let in situations like this.

But, ultimately all contracts are subject to the same principles in law as any other. Penalties cannot be enforced by a vendor, they can only be imposed by a court and this sounds more like a penalty to me.

Flyboy152

arcon5 wrote: »

I imagine they will use the 'all calls are recorded' tactic -- but still worth calling their bluff and seeing how far they are willing to take the matter. Can't imagine them wasting much time over it via the legal channels for a verbal based contract/

mo786uk wrote: »

They do osmeitmes record calls so dont assume they don't. If you have agreed to a contratc and it goes to a court and you deny it you will look stupid.

Just contact them and say it was not what you thought it was and you wont be paying.

But that would reveal the lies told by the salesman, wouldn't it?

antrobus

poohbear59 wrote: »

...When the seller talked to me he made it sound like a lifestyle magazine, not a magazine full of adverts only. He said it was subscription only and had 42000 readers. I have found out it is given free to businesses and does not have subscription only....

Technically known as misrepresentation. You therefore have the option to cancel the contract.