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  • Report:  #139130

Complaint Review: National Magazine Exchange - Clearwater Florida

Reported By:
- newton falls, Ohio,
Submitted:
Updated:

National Magazine Exchange
16120 US 19 North, P.O. Box 9084 Clearwater, 33758-9084 Florida, U.S.A.
Web:
N/A
Tell us has your experience with this business or person been good? What's this?
I recieved a pink letter saying that I was entered in a sweepstakes and they were trying to reach me regarding my $1,000,000.00 so I called them back and they begin teling me how I won not only 1 but 2 free diamond watches and a organizer. So I'm like ok thats cool you can send me my prizes. Well I ended up agreeing with the magazines but to my understanding it was only going to cost me $1 something a week I figured that was a pretty good deal.

They told me I had to sign a conformation letter and return it before I would recieve any magazines. After recieving the conformation letter which stated that the magazines cost like 200.00 a month I called the company back and told them this was a misunderstanding and I would like to cancel my order. I was given a big run-around and my order was never cancelled. I have not payed anything yet and I don't plan on it because I wanted to cancel but for some reason counld'nt.

Also the website that I have for them does not work. My advice to you is do not call the number back it is a big lie and a scam they rae just trying to get money from you. I am suppose to receive 6 magazines I have only received 2.

Andrea

newton falls, Ohio
U.S.A.


1 Updates & Rebuttals

Timothy

Valparaiso,
Indiana,
U.S.A.
Why you owe them nothing . . .

#2Consumer Comment

Mon, April 18, 2005

Keep the confirmation order, you may need it in the future. Here's why. If no magazines are to be sent until you sign the confirmation, a court would probably find that this confirmation was the contract, and that your signature would represent your final acceptance of the deal. Therefore, with no acceptance of the contract form, there is no binding contract, and you owe them nothing. If they attempt to pursue collections, let the collection agency know that this contract was never finalized as the confirmation order was never completed. If they try to tell you that you entered into a valid verbal contract, ask them if they have ever heard of the parol (pronounced like "peril") evidence rule, which states that, where a written contract exists, evidence of an oral agreement will not be admitted in court except for under very limited circumstances. There are a few other contract theories whereby you are not liable for this uncompleted purchase, including the fact that the price on the confirmation order was different from that given over the phone; this would represent an offer to modify the terms of an unperformed contract and could thus nullify the original agreement. Only a lawyer can fill you in on your rights here, and I am not a lawyer, so don't take my word as competent legal advice. Good luck!

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