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Sold advert over phone/email - Not happy, please help!
lstrings
Posts: 6 Forumite
Hi everybody - I wondered if anyone could help me with the below issue - I feel so stupid. Also, apologies before you read this - its long. I'll be so grateful for any help.
I received a call from a magazine company in October 2014 offering me a small advertising space in their magazine. At £100 it sounded like a good offer, and so I accepted. I designed the advert myself and sent it to them, they asked for it again twice which I thought was a bit strange, but I sent it again another two times, and heard nothing back.
A couple of weeks after this I received another phone call offering me a bigger ‘Editors Choice’ advertising spot at a reduced rate of £290. As they did with the previous advert, they sent me a form with the details and I (unfortunately) agreed to this. I will attached a copy at the end..
*Although on my emails it stated which issue the adverts would appear in (different issues). I wrongly assumed that the new advert was instead of the old advert - again, I had heard absolutely nothing about my first design. Even though it was stated I would be proofed before this went to press.
Just before Christmas I received both a phone call and email asking where my £100 was as the first advert had gone to press (I’d already agreed to pay via BACS). I told them there and then that I thought the new ‘Editors Choice’ advert replaced the old one. The lady on the phone told me this wasn’t the case. Later that evening I told them I wouldn’t be sending until I got my proof of advert, as stated by them in their email. I also told them, due to lack of communication and professionalism that I did not want to continue with the second ‘Editors Choice’ advert.
I got my proof - which was actually just my advert sent back to me - I’d expected to see how it looked with the other adverts within the magazine? A shot of the page or something? So I paid, and again stated I had no desire to continue with the ‘Editors Choice’ magazine.
A few days, I missed a phone call from one of their ‘journalists’ wanting to do a write up for my second advert - they left me a voicemail asking me to ring them back. I had not heard from the company to say they had revived my £100 payment. So I emailed and asked if they had received this. They said they had and that someone would be in touch soon about the second advert. Again, I said I didn’t want to continue. So now the company director has been involved. Please see below our emails:
From Magazine:
Hi Laura
Jade has passed your e mail onto me, here is your receipt/contract for the feature, I just wanted to let you know this cannot be cancelled as it is booked and confirmed by you in writing and therefore is legally binding, please can you call me if you wish to discuss this further on ____.
Kind Regards
Director
From myself:
Director,,
I was not aware that the below was a ‘contract’ as it has only been referred to as such since your last email.
There are a few things I would like to point out and discuss.
During my first phone call regarding the ‘Editors Choice’ advert, it was stated that a journalist would be in contact over the next couple of weeks. The email received stated I would be contacted after 25th November. I heard from your journalist yesterday - over 7 weeks after this date. That to me, is not acceptable or professional.
The Shires Magazine website does not work. How am I supposed to get 2 months included online advertising with you if this is the case? This also goes for the advert I have already paid for - which breaches this existing ‘contract‘.
The Shires Magazine publication is not a magazine as advertised and as I understood it but actually a small booklet of adverts..
I believe these points class as a misrepresentation, and as such I see this as a breach of this ‘contract’. I believe I was miss sold both advertising opportunities.
As you are aware I had problems with my last advert - I was told I would be sent ‘proof’ of this before it was sent to press - this was not the case, I had to ask. As the advert had already been sent to press I felt quite pressured to pay, even though I was not at all happy with how this was managed or the professionalism of your business. I am completely dissatisfied with The Shires Magazine company and will not be proceeding with the ‘Editors Choice’ advert.
I hope you understand.
Laura
Hi
Just to reiterate this cannot be cancelled as you have confirmed in writing as stated below you have confirmed to pay £290 for a quarter page feature, I think you must have miss heard me with regards to the journalist as they always call a few weeks before the issue goes to press so that will be anytime now, the website as you know usually works as you have been on there before, they are updating all content for 2015 so this will be down for the next week, this will not effect you website advertising as this is not due yet?
And your final point was refereeing to our magazine as a small booklet full of adverts? Our magazine is an a4 full color glossy 32 page magazine with a mixture of advertisers and features, never have we said any different, we have been running ten years and the magazine has always looked like this?
So just to confirm this cannot be cancelled.
Kind Regards
Director
Is there anyway at all of me getting out of this? I've been so silly but I feel really let down by them. I’m a new young business owner and doing this alone.. Oh and see below for the ‘’contract’ and my stupid acceptance!
Receipt of Booked Advertising
The Shires Magazine Ltd , Vision House, Factory Road, Hinckley, Leicestershire, LE10 1QH
Accounts: 01455 614906 Designer/Journalist: 01455 614906 Customer Services: 01455 614906
Email:
Website:
Please Note: In pursuance of our total quality management programme and to further our commitment to good service, please reply to this email today to confirm that all the information is correct (I.e. company, contact name etc) as the details below represent an existing verbal agreement of the booked advertising space.
Company ______
Name: ______
Date Booked: 18th November
IMPORTANT INFORMATION
Replying to this email: 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
Advert Copy Required: 3 images (a Journalist will write your editorial) -
Proofing: You will be proofed before press by email
Your package includes:
A quarter page feature (10.5cm wide by 13cm high)
250 word editorial written by one of our Journalists
3 images of your choice
The feature will go in to issue 146
This will be within The Annual Editors Choice Guide
A Journalist will contact you to arrange a telephone interview after 25th November to arrange an appointment
Full copy right
Full proof before press
£100 worth of marketing material
Ref code to monitor response
Featured on website
A copy of the magazine with your feature in
This has been agreed at the reduced rate of £290 No Vat (Split Payment x 2 as agreed)
__Name__
__Phone Number__
Terms & Conditions: 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 Shires 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 Shires 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.
Hi _____,
Sorry, your email did go to my junk folder..
I can confirm that the details in the email below are correct and I would like to proceed.
Thanks,
Laura
I received a call from a magazine company in October 2014 offering me a small advertising space in their magazine. At £100 it sounded like a good offer, and so I accepted. I designed the advert myself and sent it to them, they asked for it again twice which I thought was a bit strange, but I sent it again another two times, and heard nothing back.
A couple of weeks after this I received another phone call offering me a bigger ‘Editors Choice’ advertising spot at a reduced rate of £290. As they did with the previous advert, they sent me a form with the details and I (unfortunately) agreed to this. I will attached a copy at the end..
*Although on my emails it stated which issue the adverts would appear in (different issues). I wrongly assumed that the new advert was instead of the old advert - again, I had heard absolutely nothing about my first design. Even though it was stated I would be proofed before this went to press.
Just before Christmas I received both a phone call and email asking where my £100 was as the first advert had gone to press (I’d already agreed to pay via BACS). I told them there and then that I thought the new ‘Editors Choice’ advert replaced the old one. The lady on the phone told me this wasn’t the case. Later that evening I told them I wouldn’t be sending until I got my proof of advert, as stated by them in their email. I also told them, due to lack of communication and professionalism that I did not want to continue with the second ‘Editors Choice’ advert.
I got my proof - which was actually just my advert sent back to me - I’d expected to see how it looked with the other adverts within the magazine? A shot of the page or something? So I paid, and again stated I had no desire to continue with the ‘Editors Choice’ magazine.
A few days, I missed a phone call from one of their ‘journalists’ wanting to do a write up for my second advert - they left me a voicemail asking me to ring them back. I had not heard from the company to say they had revived my £100 payment. So I emailed and asked if they had received this. They said they had and that someone would be in touch soon about the second advert. Again, I said I didn’t want to continue. So now the company director has been involved. Please see below our emails:
From Magazine:
Hi Laura
Jade has passed your e mail onto me, here is your receipt/contract for the feature, I just wanted to let you know this cannot be cancelled as it is booked and confirmed by you in writing and therefore is legally binding, please can you call me if you wish to discuss this further on ____.
Kind Regards
Director
From myself:
Director,,
I was not aware that the below was a ‘contract’ as it has only been referred to as such since your last email.
There are a few things I would like to point out and discuss.
During my first phone call regarding the ‘Editors Choice’ advert, it was stated that a journalist would be in contact over the next couple of weeks. The email received stated I would be contacted after 25th November. I heard from your journalist yesterday - over 7 weeks after this date. That to me, is not acceptable or professional.
The Shires Magazine website does not work. How am I supposed to get 2 months included online advertising with you if this is the case? This also goes for the advert I have already paid for - which breaches this existing ‘contract‘.
The Shires Magazine publication is not a magazine as advertised and as I understood it but actually a small booklet of adverts..
I believe these points class as a misrepresentation, and as such I see this as a breach of this ‘contract’. I believe I was miss sold both advertising opportunities.
As you are aware I had problems with my last advert - I was told I would be sent ‘proof’ of this before it was sent to press - this was not the case, I had to ask. As the advert had already been sent to press I felt quite pressured to pay, even though I was not at all happy with how this was managed or the professionalism of your business. I am completely dissatisfied with The Shires Magazine company and will not be proceeding with the ‘Editors Choice’ advert.
I hope you understand.
Laura
Hi
Just to reiterate this cannot be cancelled as you have confirmed in writing as stated below you have confirmed to pay £290 for a quarter page feature, I think you must have miss heard me with regards to the journalist as they always call a few weeks before the issue goes to press so that will be anytime now, the website as you know usually works as you have been on there before, they are updating all content for 2015 so this will be down for the next week, this will not effect you website advertising as this is not due yet?
And your final point was refereeing to our magazine as a small booklet full of adverts? Our magazine is an a4 full color glossy 32 page magazine with a mixture of advertisers and features, never have we said any different, we have been running ten years and the magazine has always looked like this?
So just to confirm this cannot be cancelled.
Kind Regards
Director
Is there anyway at all of me getting out of this? I've been so silly but I feel really let down by them. I’m a new young business owner and doing this alone.. Oh and see below for the ‘’contract’ and my stupid acceptance!
Receipt of Booked Advertising
The Shires Magazine Ltd , Vision House, Factory Road, Hinckley, Leicestershire, LE10 1QH
Accounts: 01455 614906 Designer/Journalist: 01455 614906 Customer Services: 01455 614906
Email:
Website:
Please Note: In pursuance of our total quality management programme and to further our commitment to good service, please reply to this email today to confirm that all the information is correct (I.e. company, contact name etc) as the details below represent an existing verbal agreement of the booked advertising space.
Company ______
Name: ______
Date Booked: 18th November
IMPORTANT INFORMATION
Replying to this email: 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
Advert Copy Required: 3 images (a Journalist will write your editorial) -
Proofing: You will be proofed before press by email
Your package includes:
A quarter page feature (10.5cm wide by 13cm high)
250 word editorial written by one of our Journalists
3 images of your choice
The feature will go in to issue 146
This will be within The Annual Editors Choice Guide
A Journalist will contact you to arrange a telephone interview after 25th November to arrange an appointment
Full copy right
Full proof before press
£100 worth of marketing material
Ref code to monitor response
Featured on website
A copy of the magazine with your feature in
This has been agreed at the reduced rate of £290 No Vat (Split Payment x 2 as agreed)
__Name__
__Phone Number__
Terms & Conditions: 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 Shires 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 Shires 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.
Hi _____,
Sorry, your email did go to my junk folder..
I can confirm that the details in the email below are correct and I would like to proceed.
Thanks,
Laura
0
Comments
-
I work in a similar industry and when adverts are booked we are required to send advert proofs and have them agreed before publication precisely to avoid situations like this.
I have read the T&C's attached to your email and they do specify that a proof will be sent and you state that you didn't receive one. It MIGHT therefore be possible to escalate this to their ad sales manager and inform then that due to a lack of proof sent before publication you wish to cancel any forward advertising.0 -
It's a B2B contract so you need to refer to this contract to see what your rights are.
You have no consumer rights as you are not a consumer. To cancel due to breach of contract you will need to refer to the point above about the failure to send proof before publication, if they have sent this and can prove it of course, then the contract stands.
Tbh the contract is pretty one sided as it can be with a B2B contract but without altering it to suit you and getting them to agree to this then they pretty much have you over a barrel.0 -
Never buy anything as the result of a cold-call."You were only supposed to blow the bl**dy doors off!!"0
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This is the old advert scam. whats the business name?0
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As keyser said , its a barely legal scam.
How many magazines were published?0 -
Others have covered it above, you're not a consumer, you're a business. Different rules exist - which basically comes down to "you should have known what you were doing, you should have read it, you shouldn't assume" etc. So it's unlikely you'll get anywhere by trying to get out of this.
You created the image/advert so the proof is pretty irrelevant probably as they'd only be sending you back what you'd sent them. It's more important where outside designers, or their in-house designers, have created the image/advert.
I think you'll just have to accept it's "game up" and pay what they're asking for - and hope that you get enough interest/enquiries/sales to cover your costs.0 -
Thanks for all your comments. Yes, I know now never to buy anything from a cold caller. I can't believe I have been so silly. Like I said I'm new to all this - not that it is much of an excuse.
The company/magazine is The Shires Magazine and is for the Leicestershire area. I'm not sure how many magazines they have had.. I have since seen one, but this was like I stated to her - a small A5 booklet of ads... not really a 'magazine'.
There was an previous post about this same business a couple of years ago. It seems after a bit of agro that lady was able to get out of the deal - but she hadn't replied giving them the go ahead like me. This was before I realised how dodgy this all was..0 -
Thanks for all your comments. Yes, I know now never to buy anything from a cold caller. I can't believe I have been so silly. Like I said I'm new to all this - not that it is much of an excuse.
The company/magazine is The Shires Magazine and is for the Leicestershire area. I'm not sure how many magazines they have had.. I have since seen one, but this was like I stated to her - a small A5 booklet of ads... not really a 'magazine'.
There was an previous post about this same business a couple of years ago. It seems after a bit of agro that lady was able to get out of the deal - but she hadn't replied giving them the go ahead like me. This was before I realised how dodgy this all was..
Well looking at them their website is not live
http://www.theshiresmagazine.co.uk/
If you look at their facebook page they have two recomendations, one from Lorraine Spicer Leigh The magazines editor and company director and the other a writer Andrew Punshon
I would ask them for copies of the magazine where your advert was placed. I doubt they will be able to provide you with that and then I would reply to them that you think it is fraudulent and send them this link
https://www.cityoflondon.police.uk/advice-and-support/fraud-and-economic-crime/nfib/nfib-news/Pages/NFIB-warning-over-advertising-sale-fraud.aspx
then do a LBA and stick it back up them.0 -
The usual scam of the barely legal ones is to only print off a very small amount of these magazines.
If they only print say, 100, it's a question you will know in future to ask.
It's a very lucrative business for them, and a very expensive form of so called advertising for you.0 -
Agreed but their T&C's say they do at least a 40k print run, not buying that myselfThe usual scam of the barely legal ones is to only print off a very small amount of these magazines.
If they only print say, 100, it's a question you will know in future to ask.
It's a very lucrative business for them, and a very expensive form of so called advertising for you.0
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