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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I agreed to put an advert in a magazine over the phone on Friday

Customer Question

I agreed to put an advert in a magazine over the phone on Friday 21st june 2013 as I thought my husband might of arranged it I then cancelled it on Thursday the 27th june 2013 the publishers phoned me to say I could not cancel it what is my rights on this matter
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Josh-2010 :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Josh-2010 :

Could you kindly clarify what you mean by thinking your husband may have arranged the advert please?

Josh-2010 :

Did you place the advert as a consumer or as a business?

JACUSTOMER-f9zyd7h7- :

I thought my husband had arranged it as he said it should have gone in last years but there was not room in magazine

JACUSTOMER-f9zyd7h7- :

it was for my business

Josh-2010 :

Thanks. Did the magazine call you to encourage to place the advert and you agreed because you thought that your husband had arranged it?

JACUSTOMER-f9zyd7h7- :

yes they did

Josh-2010 :

Thanks. Did they suggest that this was the case or was it an assumption on your part?

JACUSTOMER-f9zyd7h7- :

I place it because I thought he had arranged it

JACUSTOMER-f9zyd7h7- :

it was an assumption on my part as it was 12 months ago

Josh-2010 :

Thanks. Finally do you know when the magazine goes to print and what the magazine's cancellation terms are in their agreement?

JACUSTOMER-f9zyd7h7- :

I cant remember when its going to print have nothing in writing about cancelling all the sent me via e mail was proof of the artwork and an invoice

Josh-2010 :

Thanks. The starting point unfortunately is that there is no legal cooling off period or right to cancel in this scenario. Equally because they did not suggest to you that the order had been placed by your husband or give you cause to believe this in any way there is no misrepresentation on their part and so no basis to cancel in this respect.

Josh-2010 :

However depending upon when the magazine goes to press you may have some recourse as follows.

Josh-2010 :

Firstly check the cancellation terms in the terms and conditions which they should have supplied to you or made availabel on their website. These are not likely to be overly generous but there may be a provision there may assist. This notwithstanding although the order would not appear to be one you have a right to cancel if the magazine is not to go to print for some time the magazine has a common law duty to mitigate its losses in the event you wish to cancel.

Josh-2010 :

What this means here is that if it is not too late for the print deadline the magazine on receipt of a notice of cancellation from you must attempt to resell its advertising space to a third party.

Josh-2010 :

If it can then it may only charge you for any difference between what you paid and what a third party pays and its admin costs.

Josh-2010 :

The place to start is to ascertain when the print deadline is and if it has not already passed then ask the magazine to attempt to resell the space. You can advise that you will expect to see evidence of what steps the took to do so in the event that they claim not to have been able to. If the matter were to go to court the court would expect the magazine to be able to show this in the event of dispute.

JACUSTOMER-f9zyd7h7- :

I have not received any terms or conditions they just telephoned me and they way they were talking it was as though someone had arranged it and that's when I thought my husband had arranged it I did say to him that I would have to discuss it with my husband first and he was very persistent asking why I had to do it when the order had already been arranged

Josh-2010 :

Did you say clearly that you would need to discuss it with your husband first?

JACUSTOMER-f9zyd7h7- :

to be honest I cant remember I just wanted them off the telephone and they wanted to know my bank detail and I refused to give it and said If I went ahead with it we would pay by cheque as that's how we keep a record of our accounts

Josh-2010 :

Thanks. Unless you have responded to them by email confirming the order then the only evidence of contract they will have is the phone recording. If you stated that you would need to confirm with your husband before you could confirm the order (or made the order subject to any condition) then there is no contract until that condition has been fulfilled - e.g. you have confirmed with your husband and got back to them confirming the order.

Josh-2010 :

The burden of proof is upon the magazine to evidence the contract by way of recording of your conversation. As they have emailed you however it would be sensible to revert to them advising that you explained to them that you would have to confirm with your husband before you could confirm the order to them and you have not done so and therefore you have no placed an order.

Josh-2010 :

You may like to confirm your position at the same time saying that having checked with your husband it is not something you wish to pursue at this point.

JACUSTOMER-f9zyd7h7- :

they telephoned yesterday and said they had a recording and played 10 to 15 seconds of the recording where is said I would pay by cheque but was on phone for 15 minutes

Josh-2010 :

An isolated part of the conversation proves nothing. They would need to release the whole recording to evidence the contract

Josh-2010 :

Is there anything above I can clarify for you?

Josh-2010 :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

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