Engineering in Miniature-Cessation Of Publication

[BrytechParticipant @brytech]

Pocketmags have today published details of the compensation available to EIM subscribers because of the cessation of publication of the magazine.

I’ve been a subscriber since Issue number 1, first in print & latterly in digital format. Consequently I have every issue published. My just-cancelled subscription runs until December 2024 yet all that I am offered is 2 free back issues & a trial of Pocketmags plus. Neither are of interest to me. That hardly seems like adequate compensation.

Details published are shown in the screen shot.

[JasonBModerator @jasonb]

Are you actually an EiM subscriber having your subscription directly with them or a Pocket mags subscriber?

[BrytechParticipant @brytech]

Pocketmags subscriber Jason. I’d expected to receive the balance of the remaining subscription in “cash” rather than a one size fits all settlement.

[Clive Brown 1Participant @clivebrown1]

I’d be tempted to write to Pocketmags, reminding them that you have a contract with them which they will not fulfill.

Reject their offer of compensation as unsuitable and say that you want your credit back in cash.

Mention the Consumer Rights act.

Best of luck.

[IanTParticipant @iant]

My subscription was directly with the magazine.

Anyone seen any refund of their Direct debit yet?

Regards,

 

IanT

 

[Clive Brown 1]

On Clive Brown 1 Said:

I’d be tempted to write to Pocketmags, reminding them that you have a contract with them which they will not fulfill.

Is it not a case of cannot fulfill than will not due to things out of their control?

[JasonB]

On JasonB Said:

On Clive Brown 1 Said:

I’d be tempted to write to Pocketmags, reminding them that you have a contract with them which they will not fulfill.

Is it not a case of cannot fulfill than will not due to things out of their control?

I don’t think that lets them off the hook. They made a contract and have a legal obligation to their customer. If they claim their offer of compensation follows T&C’s, it might be seen as unfair. Presumably they are still a solvent trader.

[Clive Brown 1]

On Clive Brown 1 Said:

On JasonB Said:

On Clive Brown 1 Said:

I’d be tempted to write to Pocketmags, reminding them that you have a contract with them which they will not fulfill.

Is it not a case of cannot fulfill than will not due to things out of their control?

I don’t think that lets them off the hook. They made a contract and have a legal obligation to their customer. If they claim their offer of compensation follows T&C’s, it might be seen as unfair. Presumably they are still a solvent trader.

Read the PocketMags/Jellyfish Terms and Conditions!   They contain many clauses I wouldn’t sign up to, such as:

Purchase of magazines, newspapers, publications and products through Pocketmags Services are non-refundable after content has been purchased and viewed. Refunds will not be given for an active subscription period, but you may turn off subsequent auto-renewals by following the instructions under Auto-renew subscriptions. Any refund requests may be denied and an administration fee may be applied in any case where they are approved.

You and Jellyfish agree that all claims, disputes, or disagreements that may arise out of the interpretation or performance of these Terms (including its formation, performance, and breach) or payments by or to Jellyfish, or that in any way relate to the provision or use of the Website, your relationship with Jellyfish, or any other dispute with Jellyfish, shall be resolved exclusively through binding arbitration in accordance with this Section 21 (collectively, the “Arbitration Agreement”).

You and Jellyfish agree to submit to the personal jurisdiction of any federal or state court in Baltimore, MD in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator; and in connection with any such proceeding, further agree to accept service of process by U.S. mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

It’s very clear from the above that PocketMags don’t want to offer refunds, but the offensive clauses above only apply to US Residents, who seem happy to be ripped off because consumer rights are socialism.

However, the US blah blah is torpedoed because the Ts&Cs say:

20.English law
Laws of England and Wales shall govern your use of Pocketmags Services.

So all talk of entering into arbitration in Maryland, and using the US Mail, is void.

I’d write to pocketmags/jellyfish asking for money back, and use word ‘complaint’ in the title.   This webpage may help; it has an contact online form and two UK postal/addresses.

Be interesting to see what happens to a UK complaint.   A US customer will almost certainly be ignored because they signed up to arbitration and all that other legal monkey business!

Whilst UK customers are better placed, don’t expect Trading Standards or a High Court Bailiff to leap into action and fix it for free.  If it goes to court, even small claims, it will cost time, effort and a few bob, and we are all Snowflakes!  The company may deliberately back-pedal because they know most claimants drop out after discovering it costs more than it’s worth to recover a small sum, because of the legal fees.

On the other hand, many British vendors are keen to maintain good customer relations, and often go further than UK law strictly requires.    I think there’s a good chance Pocketmags GB will do what’s right.

Lesson learned:  before signing a contract, or anything that might be a contract, read the small-print!

Dave

 

[BrytechParticipant @brytech]

Thanks everyone who has responded to my post. I guess from the number that have replied, few people subscribed to EIM.

Dave, I have used the contact information that you kindly provided. I wasn’t aware of it although prior to posting originally I did use the contact information supplied within the Pocketmags App to raise a complaint. Using your link, I have just complained again so let’s see what happens now. Previous technical queries to Pocketmags have typically taken over a week to raise a response so I’m not expecting a rapid reply.

if anyone else is affected by the demise of the EIM magazine then I urge you too to contact the publisher or Pocketmags, depending on how you accessed your subscription, if you too feel inadequately compensated. That way, the more of us that do complain then the better chance that we all have of getting a refund.

[JAParticipant @ja]

Like IanT I subscribed directly to EIM using a debit card and am awaiting a refund Warners. I have every expectation that it will arrive.

However, as I understand it without any real legal knowledge, Pocketmags will say that they are providing a service, not goods, and therefore not covered by any sales of goods act. What ever you like to call it, it is a business model as old as the hills and works well until someone is prepared to spend enough money to take legal action. I think, in the States, it is called a class action.

JA

[Nigel Graham 2Participant @nigelgraham2]

They seem a very arrogant company, offering alternative title but not even bothering to make suggestions even remotely related to any arts and crafts. As if the writer had not even seen the magazine.

There is a “Sale of Goods and Services Act, 1982”, though I could see no reference to “services”, only “goods”, in the text. Not being a solicitor, barrister or other legal authority I cannot say if “services” as the subject of the contract are implicit in the term “goods” in this Act!

[Michael GilliganParticipant @michaelgilligan61133]

For consideration by any disgruntled subscriber … Pocketmags U.K. weasel-words are here:

https://sellers.pocketmags.com/terms

 

MichaelG.

[Nigel Graham 2Participant @nigelgraham2]

So it can stop its service to you without notice (nor refund?), but you can’t stop your account in mid-subscription?

It does tell us your contract in England and Wales is subject to English and Welsh law – just be glad we don’t have to wade through that turgid morass of legalese it aims at American subscribers!

 

++++

And now we know even Readers’ Digest (UK edition anyway) is ceasing publication after eighty-six years….

What will doctors’ and dentists’ waiting-rooms do now?

(Actually, despite being in one of the county’s poorest areas, the normal fare in our waiting-rooms was women’s magazines and those glossy “County” rags aimed at the second-home brigade! Now we don’t even see these. The most you get are leaflets about living with Bad Humours Of The Spleen and Flossing Blue Teeth.)

[Nigel Graham 2]

On Nigel Graham 2 Said:

 

What will doctors’ and dentists’ waiting-rooms do now?

Yeah – shame about that Titanic.

[Nigel Graham 2]

On Nigel Graham 2 Said:

 

What will doctors’ and dentists’ waiting-rooms do now?

I think most people waiting look at their smart phones now, probably catching up an a mag subscription😎

[duncan webster 1Participant @duncanwebster1]

Best of luck trying to get a USA company to a bide by UK law. Remember, USA law applies worldwide, but only USA laws apply in USA, or so they think

[IanT]

On IanT Said:

My subscription was directly with the magazine.

Anyone seen any refund of their Direct debit yet?

Regards,

 

IanT

 

A footnote to this…

I’ve just had an email from Warners confirming that a refund will be paid into my bank account in the next 14 days..

Regards,

 

IanT

 

[Neil WyattModerator @neilwyatt]

Subscribing direct is always best for reader and publisher.

I’ve been surprised to hear little lament for the passing of EiM except for it coming up in a couple of phone conversations.

I think it’s very unfortunate and a blow to the hobby; diversity of voices and ideas is important.

Neil

[IanT]

On IanT Said:

On IanT Said:

My subscription was directly with the magazine.

Anyone seen any refund of their Direct debit yet?

Regards,

 

IanT

 

A footnote to this…

I’ve just had an email from Warners confirming that a refund will be paid into my bank account in the next 14 days..

Regards,

 

IanT

 

I received an e-mail this morning as well, along the same lines as you. It is a shame that it has now gone as I preferred EIM over ME any day and will not subscribe to ME as the content does nothing for me

[JAParticipant @ja]

Hopefully the remains of my money will arrive soon. I have no complains about how this has been handled.

However I have just received my first two .pdf copies of the ME after having paper copies for years. Guess who handles the distribution? Pocketmags!

JA

[Brian Baker 2Participant @brianbaker2]

Yet Dalboy, you are happy to use their website.

Regards

BB

[Brian Baker 2]

On Brian Baker 2 Said:

Yet Dalboy, you are happy to use their website.

Regards

BB

Yes but with the magazine I would be paying to read articles that do not suit me.

[Author]

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