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Advertising - have a right to cancel?

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  • Advertising - have a right to cancel?

    Hi All

    First post here so very nervous!

    I just wondered if anybody knew what to do here as I have been threatened with legal action.

    In February I was contacted by a magazine to advertise in September magazine. They asked for all my details and I agreed to go ahead (I actually don't remember what I agreed to but apparently they have my agreement on a tape). They have my address, email address and telephone number.

    I did not receive any communication from them until last week I had a phone call telling me that they could do me an offer (blah, blah, blah) and I agreed and that they would send me the artwork and an invoice. They rang me the following day asking for payment and that I had originally told the lady who called the previous day that I couldn't pay until the end of the month.

    I received the invoice and artwork later that day but decided to cancel as I couldn't really afford to do this piece of advertising.

    According to their website I have 14 days from the date of verbal confirmation (Cancellation – within fourteen (14) days from the date of verbal confirmation by the Publisher of the Buyer's order- If the Buyer cancels their order, outside of the agreed cancellation period of fourteen (14) days, the Buyer shall be liable for payment of any costs or charges incurred by the publisher.)

    Another part says 'the Confirmation of Verbal Order' means the paperwork received with the original advert.

    As I did not recieve any communication in February of my 'verbal order' and no indication of artwork (no communication to confirm anything from the publisher actually) does that mean then that I have 14 days to cancel from the date they contacted me just last week?

    They have now threatened legal action becuase I have cancelled within a day of the invoice being prepared and the artwork sent over and that a verbal agreement was in place. My thinking is however that they have not sent me anything in writing to confirm our discussion in February, like terms of business, or something of that nature?

    Thanks ever so much if you can help in any way!

    With regards,
    WS.
    Tags: None

  • #2
    Re: Advertising - have a right to cancel?

    My gut instinct was protection under the Distance Selling Regulations, but I believe these do not cover business to business contracts.

    Please don't be nervous about posting - not too many on here bite! I'm sorry I can't really help with your question, except to say I thought all contracts made at a distance had a minimum 7 day right of cancellation, but I cannot quote a source for that, so I may have misremembered.

    I'm sure someone will be along soon who can answer your question.

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