Complementary Goods - Entitled to a complete refund?

ses6jwg

Free goods are part of the contract of sale.

OlliesDad

ses6jwg wrote: »

Free goods are part of the contract of sale.

This is another thing i have often wondered about. As a free gift is part of the contract and therefore covered by the SAles of Goods act, what happens if the free gift breaks down?

For example you receive a laptop as part of the deal for mobile broadband. The laptop breaks down 3 months down the line Under SOGA the retailer has to offer a repair, replacement or refund. If they offer a refund, obviously, no money was paid, so the retailer gets away scot free?

Or am i missing something?

Ivory_Tinkler

Tozer wrote: »

Not entirely correct. If the goods have not been accepted then the consumer is entitled to a refund.

What would be deemed to have been accepted? If you'd had a console for say 3 days and played games would that be accepted (just so I know for future reference)?

Tozer

Ivory_Tinkler wrote: »

What would be deemed to have been accepted? If you'd had a console for say 3 days and played games would that be accepted (just so I know for future reference)?

Totally depends on the circumstances. One of those good old English law concepts of "reasonable time".

I think one of the key things is to take steps to intimate rejection as soon as you are aware of the problem.

Regarding the example you give, I would say no.

ses6jwg

OlliesDad wrote: »

This is another thing i have often wondered about. As a free gift is part of the contract and therefore covered by the SAles of Goods act, what happens if the free gift breaks down?

For example you receive a laptop as part of the deal for mobile broadband. The laptop breaks down 3 months down the line Under SOGA the retailer has to offer a repair, replacement or refund. If they offer a refund, obviously, no money was paid, so the retailer gets away scot free?

Or am i missing something?

It is covered the same as if you had paid for it, as it was part of the contract of sale they must repair or replace.

OlliesDad

ses6jwg wrote: »

It is covered the same as if you had paid for it, as it was part of the contract of sale they must repair or replace.

The retailer also has the option of a refund though, so what happens in that situation?? No money was handed over, so none would need to be given.