"Great Magazines" not...

[TV8]

In February or March I took out a subscription to Classic Cars Magazine for the sole purpose of getting the exact car cover I was after as a free gift if I took out a years subscription for the magazine. I duly did this and after monies taken, direct debit set-up etc, I waited for the free gift to arrive.

After month, I emailed them (no contact number) and got told the cover was lost in the post, that a new one had been ordered and if the new one didn’t arrive, to get back in touch.

After another month, I emailed them and was it was definitely ordered but then told it takes 28 working days, not calendar days for the delivery to arrive.

Another 3 weeks, I emailed them again to be told that they didn’t know why it hadn’t arrived and that their supplier advised them that all outstanding orders had been fulfilled. Also, that item was out of stock and offered me a choice of lamps or set of screwdrivers as a substitute.

I thanked them for the alternative options and declined that, asking them to get another cover. This was rejected and an offer to extend the subscription for three editions was offered, along with an explanation that this was their policy for such circumstances as they are allowed to substitute orders in this way within their terms and conditions.

After explaining that my policy is to get what I ordered or have my money back, they refused to cancel my order and re-stated the options open to me.

Any suggestion what to do here please?

[JustinP1]

What does the contract say?

[TV8]

JustinP1 said:

What does the contract say?

from the website:
If you purchase an offer which has a gift included, please allow up to 28 days for delivery of the gift, which is sent under separate cover from the magazine. If you bought the subscription as a gift for someone else, any gifts will be delivered to you, the purchaser. We are unable to send gifts direct to the magazine recipient. We reserve the right to substitute the gift advertised for one of equal or greater value if circumstances require. In some cases, if a subscription offer includes a gift with a limited number available, no further gifts will be offered to those subscriptions received after the limit has been exceeded. Please check the terms and conditions of the specific offer at the time of ordering. However all other discounts on the subscription price remain applicable. Please note that due to high costs of delivery most gifts are not available to subscribers living outside the UK – see the relevant offer page for details.
Some of our offers are available to new subscribers only. With these offers the gift will not be dispatched until payment has been received. Please allow up to 28 working days for delivery of your gift. Please note you cannot renew on offers only available to new subscribers, the reason you cannot renew on this offer is because you will not receive the gift until your first payment for this offer is taken. Therefore depending on when any existing subscription ends this will be longer than the 28 workings days stated above and the gift will not be available.

[williamp]

Says it there. They have offered you an alternative gift. The problem is that you've done it the wrong way round. If you want the magazine, then a free gift is a nice extra/ makes you want to take the subscription. But you don't want the magazine, just the free gift. Which they are are not obliged to give you the exact free gift.

Sorry but i am on their side.

[TV8]

already useful - of equal or greater value. The version of car cover has a retail price the same as the subscription.

Re they are allowed to do that. Agreed if they had told me at the outset - all stock gone, do you still want your subscription? I dont know anyone who has had a reasonable size parcel lost in the post once, let alone twice.

[Rude-boy]

After sales service seems poor but there is not a lot you can do about it that would be worth your time and effort.

Simply put if you are buying something because you want the freebie then make sure you are handed the freebie at the same time as you part with you money!

On the happy side if they are giving out a gift that RRP's at the same price as the sub then the chances are that it was very overpriced in the first place and if the yearly cost of the sub is £50-75ish then I'll let you consider the likely quality of the item.

[TV8]

after service is very poor in my opinion! I am amused that my banner ads are all now for Great Magazines.co.uk ....

[AngryPartsBloke]

After sales service seems good to me, the only issue I can see is you.

Ther terms & conditions say quite clearly they can offer a subsittue, you've even copied them into a post so you must have read them?

You got exactley what you paid for, a magazine subscription. Doing it because you wanted a free gift is your problem.

[TV8]

Didn't read the terms at the time. This is 5 months later when someone asked what the contract said.

Promote one thing, stall for months and provde something different doesn't seem right to me.

[tenpenceshort]

Question; if the promotion of a specific gift with the subscription is sufficiently prominent, are any conditions relating to that gift being changed 'red line' ones that require signposting?

[markmullen]

TV8 said:

Didn't read the terms at the time. This is 5 months later when someone asked what the contract said.

There's your answer, the time to check would have been before you formed the contract, not 5 months down the line.

[SV8Predator]

tenpenceshort said:

Question; if the promotion of a specific gift with the subscription is sufficiently prominent, are any conditions relating to that gift being changed 'red line' ones that require signposting?

What?

[TV8]

markmullen said:

There's your answer, the time to check would have been before you formed the contract, not 5 months down the line.

Not so. After waiting the initial 28 days advised, I chased three times over the next 4 months and was told it was sent for delivery.

[markmullen]

TV8 said:

markmullen said:

There's your answer, the time to check would have been before you formed the contract, not 5 months down the line.

Not so. After waiting the initial 28 days advised, I chased three times over the next 4 months and was told it was sent for delivery.

You agreed to a contract which said they could substitute the free gift. They substituted the free gift.

[TV8]

markmullen said:

You agreed to a contract which said they could substitute the free gift. They substituted the free gift.

I have just found the advert as attached picture. Alternative gift or refund. They refused me a refund and looking at the full terms and conditions, the alternative gift should be of equal or greater value, which it isn't.

It's the principle that I don't like.

[Mk3Spitfire]

To be fair (and I can't read the smal print) but if it states in the t&c's that should the cover be out of stock they will replace it with an item of an equal or greater value, they should do exactly that. Or, indeed, refund you. I can see why you are vexed.

[Red Devil]

TV8 said:

I have just found the advert as attached picture. Alternative gift or refund. They refused me a refund and looking at the full terms and conditions, the alternative gift should be of equal or greater value, which it isn't.

It's the principle that I don't like.

Which size cover did you choose? You claim the alternative is not of equivalent or greater value. What is its value and how has it been calculated?

[tenpenceshort]

TV8 said:

from the website:
If you purchase an offer which has a gift included, please allow up to 28 days for delivery of the gift, which is sent under separate cover from the magazine. If you bought the subscription as a gift for someone else, any gifts will be delivered to you, the purchaser. We are unable to send gifts direct to the magazine recipient. We reserve the right to substitute the gift advertised for one of equal or greater value if circumstances require. In some cases, if a subscription offer includes a gift with a limited number available, no further gifts will be offered to those subscriptions received after the limit has been exceeded. Please check the terms and conditions of the specific offer at the time of ordering. However all other discounts on the subscription price remain applicable. Please note that due to high costs of delivery most gifts are not available to subscribers living outside the UK – see the relevant offer page for details.
Some of our offers are available to new subscribers only. With these offers the gift will not be dispatched until payment has been received. Please allow up to 28 working days for delivery of your gift. Please note you cannot renew on offers only available to new subscribers, the reason you cannot renew on this offer is because you will not receive the gift until your first payment for this offer is taken. Therefore depending on when any existing subscription ends this will be longer than the 28 workings days stated above and the gift will not be available.

I may be wrong, but to my mind this may arguably fall foul of the Unfair Terms in Consumer Contracts Regulations 1999;

UTCCR 1999 s5 said:

5. (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

Arguably, if there is a prominent offer of a specific gift, designed to and succeeding in inducing a customer into signing up, and the nature of the gift is significantly altered without explanation, there is significant detriment to the consumer.

UTCCR 1999 Schedule 2 said:

INDICATIVE AND NON-EXHAUSTIVE LIST OF TERMS WHICH MAY BE REGARDED AS UNFAIR
1. Terms which have the object or effect of–

...

(k)enabling the seller or supplier to alter unilaterally without a valid reason any characteristics of the product or service to be provided;

[tenpenceshort]

Actually, having now seen the original advert posted above (with different terms to those previously posted), it looks as if the OP has right to a refund. Write to them with a copy of the advert asking for your money back as per their terms and stand your ground.

[markmullen]

You'd consider an action under UCTA (which realistically is your only option when they come back and say their terms are fair) against a publisher who almost certainly has a far bigger and better funded legal department than you have at your disposal for the sake of a £50 car cover?