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    • Mindwhip
    • By Mindwhip 12th Oct 16, 7:11 PM
    • 11Posts
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    Mindwhip
    If x comes with a free y do I need to return y if x is returned defective?
    • #1
    • 12th Oct 16, 7:11 PM
    If x comes with a free y do I need to return y if x is returned defective? 12th Oct 16 at 7:11 PM
    As per the title I recently bought something that was advertised as "Pre-order x and get a free y". I now have to return x for a refund as the first one was defective and the replacement also turned out to be defective. The y is fully functional and would be of use to me.

    As y was advertised as "free" do I need to return it as well?
Page 1
    • wealdroam
    • By wealdroam 12th Oct 16, 7:24 PM
    • 17,422 Posts
    • 14,000 Thanks
    wealdroam
    • #2
    • 12th Oct 16, 7:24 PM
    • #2
    • 12th Oct 16, 7:24 PM
    As per the title I recently bought something that was advertised as "Pre-order x and get a free y". I now have to return x for a refund as the first one was defective and the replacement also turned out to be defective. The y is fully functional and would be of use to me.

    As y was advertised as "free" do I need to return it as well?
    Originally posted by Mindwhip
    Yes you do.
    The free item was conditional on your purchase.
    You clearly only got a y because you bought x.

    Perhaps you could go into a supermarket and buy a 'buy one get one free' offer, then return the one you bought for a refund and keep the free one. Do you think that would work?
    In fact, why not skip all that palava by just taking one from a BOGOF deal to the checkout and explaining that you only want the free one and they can keep the one that costs money.
    Last edited by wealdroam; 12-10-2016 at 11:39 PM.
    • unholyangel
    • By unholyangel 12th Oct 16, 7:28 PM
    • 10,207 Posts
    • 7,363 Thanks
    unholyangel
    • #3
    • 12th Oct 16, 7:28 PM
    • #3
    • 12th Oct 16, 7:28 PM
    Yes because it wasn't really free, it was just at no additional cost. If it were truly free, you wouldn't need to buy x to qualify for y.

    When the other party breach a contract, you shouldn't be in a worse off position due to their breach but nor should you be in a better off position either.

    What was the freebie? If it was something silly I'd likely get the refund and go elsewhere. If it was a really good bargain, I'd likely give them the chance to replace again.

    I'd need to check if CRA is the same but under SoGA, a refund was basically a rescission of contract. Rescission is an unwinding of contracts (rather than just cancelling) which is designed to put parties back into the position they were in had the contract never been entered into (save for any rights or remedies).

    There is also an option for reduction in price (instead of rescinding) - so the price is reduced to account for the value of what was provided versus what was contracted.
    Money doesn't solve poverty.....it creates it.
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