"Great Magazines" not...

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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?

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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.

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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.

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

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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.

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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.

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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.

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Someone new has written to me and the intransigence has softened. Still wide of the mark but progress nevertheless.

Someone asked how I would calculate value. The advert for the said car cover is a couple of pages before the subscription offer. Match make and model of car to get size and add postage. £42.45 delivered in my case.

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XCP said:

I have no idea how much the OP earns, nor do I want to. But if his hourly rate multiplied by the time he has spent and is likely to spend over this is more than 45 quid, I would say 'take the spanners'

I do ok, but it is the principle of things to me, not the money.

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So, I thought I was making progress but I suspect false hopes. I sent them a scan of the original advert after someone with a very silly name became involved again and, not for the first time, quoted company policy. This, I fear, put a resolution further away.

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Red Devil said:

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?

The same car covers are for sale a couple of pages before this advert. I cant remember the exact figures, but it my figures are based on car make/style ie this size car costs this much.

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10 days ago, after sending a copy of the advert in, with a short summary of my frustration, I received a very apologetic note from some team leader type person. A priority investigation and resolution was promised and despite chasing twice since, nothing!