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Question of the Week: Do I get consumer rights for a 'free' item?

MSE_Martin
MSE_Martin Posts: 8,268 Money Saving Expert
Part of the Furniture 1,000 Posts Combo Breaker
edited 9 September 2009 at 6:43PM in Consumer rights
Q. If I get a free laptop with a mobile deal, and it breaks down, can I complain to the shop about it? Or do I lose out as it's a freebie?


Martin's A. If you were given free goods alongside something else or as an incentive to buy something else, you've exactly the same rights as if you’d paid for it. In other words it must be satisfactory quality, as described, fit for purpose and last a reasonable length of time.

Any freebie where you pay something, even if only for "package & posting" is still a consumer transaction and therefore you keep your rights.


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Martin Lewis, Money Saving Expert.
Please note, answers don't constitute financial advice, it is based on generalised journalistic research. Always ensure any decision is made with regards to your own individual circumstance.
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Comments

  • stphnstevey
    stphnstevey Posts: 3,227 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    The answer contradicts itself - same rights as if payed for it OR retailer is under no obligation to fix a faulty item. WHICH?
  • Tozer
    Tozer Posts: 3,518 Forumite
    Slightly misleading. If presents received from friends and family, and providing they paid, then the same rights apply - except that the purchaser must enforce them.
  • Proc
    Proc Posts: 860 Forumite
    What is it with MSE "experts". Most of their advice (I saw some in the Insurance forum recently) is either wrong, misleading, or in this case plain contradictory.
  • Seems fine to me, you just have to read it in the right context...

    This is talking about the rights YOU have against whom YOU got the item from, nothing more nothing less.
    "One thing that is different, and has changed here, is the self-absorption, not just greed. Everybody is in a hurry now and there is a 'the rules don't apply to me' sort of thing." - Bill Bryson
  • Former_MSE_Wendy
    Former_MSE_Wendy Posts: 929 Forumite
    I've been Money Tipped! Newshound! PPI Party Pooper Chutzpah Haggler
    edited 9 September 2009 at 3:31PM
    The answer contradicts itself - same rights as if payed for it OR retailer is under no obligation to fix a faulty item. WHICH?

    It's the same rights as if you paid for it stphnstevey. It's only if you didn't pay at all that a retailer has no obligation to fix something.

    Tozer is right though. If it's a gift, the buyer does have the right to get it fixed, but you don't. I've tweaked the top post slightly.
    *** Get the Martin's Money Tips Free E-mail at www.moneysavingexpert.com/tips ***
  • Esqui
    Esqui Posts: 3,414 Forumite
    You could always get your money back!

    As for the example given (i.e. free laptop with mobile broadband), where I work, the laptop is put through the till in the same way as if you'd paid full price, so the same rights are there.
    Squirrel!
    If I tell you who I work for, I'm not allowed to help you. If I don't say, then I can help you with questions and fixing products. Regardless, there's still no secret EU law.
    Now 20% cooler
  • cleo1299
    cleo1299 Posts: 223 Forumite
    Esqui wrote: »
    You could always get your money back!

    As for the example given (i.e. free laptop with mobile broadband), where I work, the laptop is put through the till in the same way as if you'd paid full price, so the same rights are there.

    So the retailer can offer a refund of £0.00, rather than a repair or replacement? Would that fulfill the consumer's rights? Or does the consumer have the right to insist on repair/replacement?
  • MSE_Martin
    MSE_Martin Posts: 8,268 Money Saving Expert
    Part of the Furniture 1,000 Posts Combo Breaker
    I agree the original answer was confusing. I think it was tweaked in subbing slightly.

    The point I was making (and have now deleted that bit) was if you got a total freebie - ie you didnt pay for anything - there's no contract so you can't enforce consumer rights.
    Martin Lewis, Money Saving Expert.
    Please note, answers don't constitute financial advice, it is based on generalised journalistic research. Always ensure any decision is made with regards to your own individual circumstance.
    Don't miss out on urgent MoneySaving, get my weekly e-mail at www.moneysavingexpert.com/tips.
    Debt-Free Wannabee Official Nerd Club: (Honorary) Members number 000
  • nigem
    nigem Posts: 236 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Can you tell me how this would apply when an item is purchased, with free fitting. If the goods are delivered and paid for, and despite manyfitting dates agreed with the company when the fitters just dont turn up, can I employ my own fitters and bill the original company?

    Nigem
  • MSE_Martin wrote: »
    Any freebie where you pay something, even if only for "package & posting" is still a consumer transaction and therefore you keep your rights.


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    Reminds me of the fags I used to buy when i lived abroad. They used to come with a free watch. Most times the fags would last longer than the watch!
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