Paid for advertising

A question about : Paid for advertising

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.

Best answers:

• As this is a b2b contract then you generally have rights only in as much as is in the contract you signed
• 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.
• 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
• 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.
• The reason for the delay is their problem not yours. Your only problem is the agreement with them which imo they have breached