Back in April I was telephoned by a publishing firm about advertising in their magazine and subsequently was made an offer via email to which I said (on email) 'lets go ahead'. I then waited for a sales order to sign in the post/email as I would have expected. I had not been advised as to T&Cs either verbally or via other correspondence. I also did not receive any paperwork from them at all. Months went by and then recently I received a letter saying the deadline for submission was days away and to submit an advert. I called to say this was the first I had heard from them since April and as I had not signed any contract then I would not be dealing with them. They claimed to have a signed contract from me and upon request faxed me their order form with t&cs attached but where the signature should go they had written 'see email'. Attached was the email from me saying 'lets go ahead'. So my questions are (bearing in mind this is a b2b transaction): 1) Can they enforce terms upon me that I never saw or signed? 2) Assuming that my email is considered acceptance of the 'contract', the t&cs make no mention of termination so what does that imply? 3) What else can I do? TIA
Hmm tough question. Does the written contract have anything they have not previously mention to you via email? This the problem with email negotiations and deals, it is not as concrete as regular one on one talk. Sorry couldn't be of more help. Best Regards, Surfup
Was the email digitally signed by you? It's easy enough for anyone to forge an email, and that's what I'd be playing up if I were you.