Paid for advertising - my rights

Dolly13

Hello everyone

I purchased a paid advertorial in a new magazine 7 months ago (July 2014) and paid for it at the time being told that the publication will come out in October 2014.

Within their terms that I signed when I paid for it there is the line: "The publisher cannot be held responsible for variations in specific publishing dates and such variations do not constitute a breach of this agreement."


However, we're now in February and the publication keeps getting delayed without any notification - and there is still no firm date ahead.

My question is - do I have any rights to request a refund for this as it's been so delayed with no end in sight? If yes, under what terms could this be? If no, is there anything that I can do regarding any compensation or do I not have any legal standing?


I appreciate your help.

Lomast

As this is a b2b contract then you generally have rights only in as much as is in the contract you signed

Dolly13

I forgot to mention that the communications company who my contract is with have continually been poor with any updates. The only time there has been any updates is when I've chased them up, and all they say is that it's been delayed by a month, 2 months etc. There is very little in the way of direct communication from them.

mije1983

Dolly13 wrote: »

I forgot to mention that the communications company who my contract is with have continually been poor with any updates. The only time there has been any updates is when I've chased them up, and all they say is that it's been delayed by a month, 2 months etc. There is very little in the way of direct communication from them.

As said above, you have far fewer rights with a business contract compared to a consumer one. What does the contract say about cancellations?

arcon5

That term to me reads as though the publication date may not take place on the exact date but on a date around that period of time.

I'd consider this non-performance of contract and write to them telling them such, giving them a deadline to remedy their breach or issue a refund. If still no luck, do some research in to the company and the likelihood of getting your money back to evaluate whether small claims would be a wise step to take or not

Dolly13

Thank you all for your replies.


The contract doesn't mention anything about me cancelling, and only mentions:

"The publisher reserves the right to cancel this agreement at any time giving the customer 14 days written notice and at such time will refund any monies paid".


My contract is with the marketing/publishing company who are producing the document on behalf of someone else. They say that the delay is due to the other person.

I've emailed them asking them to provide a closer estimated date within the next 7 days otherwise I will be seeking to gain a full refund.


Thank you.

arcon5

The reason for the delay is their problem not yours. Your only problem is the agreement with them which imo they have breached

hollydays

Please tell me this isn't one of these police diaries or police related magazines.
Have you asked how big the print run is?

Dolly13

Hello - thanks for all your replies, and sorry for the delay in replying.

No, it's not one of those doctor's surgery/police diary/fire station calender things. I checked it all out and it's all legitimate in that way.

So update is that they never responded to my email from 9 days ago. I followed up a few days ago, still nothing. So today I sent another one telling them that their lack of communication (and courtesy) plus the breach of contract means that I am requesting to cancel the advert and receive a full refund. Will see what happens next.

JJ_Egan

How have they breached the contract ??
You said >>>
Within their terms that I signed when I paid for it there is the line: "The publisher cannot be held responsible for variations in specific publishing dates and such variations do not constitute a breach of this agreement."

You need to write via recorded delivery with pen and paper emails can be ignored .
>>>

Dolly13

JJ_Egan wrote: »

How have they breached the contract ??
You said >>>
Within their terms that I signed when I paid for it there is the line: "The publisher cannot be held responsible for variations in specific publishing dates and such variations do not constitute a breach of this agreement."

You need to write via recorded delivery with pen and paper emails can be ignored .
>>>

I consulted a solicitor who said that there are acceptable levels of what is considered a variation in publishing times. By their general lack of communication, me having to chase them about it and there still being no final publishing date in sight can constitute as a breach in contract.

I have also sent a written letter as signed for, as again these things are better in writing than in an email - and also they would then need to be actioned.