Advice on Advertising Conflict: What to Do?

Questioner

As an entrepreneur, I agreed by telephone with an advertising salesperson to place an advertisement in a magazine for a charity. Yesterday I received the magazine with the accompanying invoice. Upon checking, it turned out that my company was not included in the magazine. I contacted the advertising seller. They agreed that the advertisement had not been placed, but that they could offer a refund for placement in a subsequent magazine. I did not agree to this and said that by not delivering the service I would consider the agreement as terminated and not pay. According to them this is not possible. Can anyone give advice?

Lawyer

If you explicitly agreed to the placement in the magazine that was published yesterday, then that agreement has not been fulfilled, but if there is a question of placement in any edition without an exact date, then the agreement can still be fulfilled. In short, it depends on what exactly you agreed.