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

BFG_2

Here's a variation.....

I take out a mob contract on t'internet and get a 'free x-box' sent with the phone.

The x-box is 'free when you take out the contract'

.

I cancel the contract within 7 days [DSR applies].

Can I keep the 'free' x-box as it became mine 'when I took out the contract'???

bingo_bango

nigem wrote: »

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

You would have to write and give a specific date by which fitting is carried out (I'd suggest 7 days max at this point), and then you could reasonably claim that the work hasn't been carried out within a reasonable time and seek the cost of an alternative fitter using the provisions of The Supply of Goods and Services Act 1982.

Could take a small claim to get the money back, but you should be able to claim successfully.

INT1

BFG wrote: »

Here's a variation.....

I take out a mob contract on t'internet and get a 'free x-box' sent with the phone.

The x-box is 'free when you take out the contract'

.

I cancel the contract within 7 days [DSR applies].

Can I keep the 'free' x-box as it became mine 'when I took out the contract'???

No, otherwise everyone would be doing that! Surely you would only get a refund if everythign was returned as per the original sale.

bingo_bango

BFG wrote: »

Here's a variation.....

I take out a mob contract on t'internet and get a 'free x-box' sent with the phone.

The x-box is 'free when you take out the contract'

.

I cancel the contract within 7 days [DSR applies].

Can I keep the 'free' x-box as it became mine 'when I took out the contract'???

No you can't. If you cancel a contract under DSR, then you are required to return ALL goods received, including those classed as 'free gifts'. See DSR S17(1) & S17(3).

kalaika

MSE_Martin wrote: »

...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...

So, by extension. Am I right in thinking that if you enter a free competition where the winning prize is a laptop and it fails after, say, a month, you have no rights for repair, replacement, etc. However, if the competition entry involves a compulsory purchase and the laptop prize fails after a month, you would be able to invoke your consumer rights?

Also, I would be interested in the answer to the point raised by cleo - if your consumer rights can be applied to a 'free' laptop, could the retailer be able to fulfil their obligations by offering you a refund of the purchase price of the laptop (i.e in relation to competitions this would be either the price of the item bought if you needed to make a compulsory purchase, or nil if it was a free entry competition)?

BFG_2

here's the actual bit of the regs [

Restoration of goods by consumer after cancellation
17. - (1) This regulation applies where a contract is cancelled under regulation 10 after the consumer has acquired possession of any goods under the contract other than any goods mentioned in regulation 13(1)(b) to (e).

(2) The consumer shall be treated as having been under a duty throughout the period prior to cancellation -

(a) to retain possession of the goods, and (b) to take reasonable care of them.

(3) On cancellation, the consumer shall be under a duty to restore the goods to the supplier in accordance with this regulation, and in the meanwhile to retain possession of the goods and take reasonable care of them.


AFAICS it depends if the 'free item' is considered 'goods' or not.