Consumer rights

unholyangel

Zandoni wrote: »

Personally I wouldn't care what the law states. If you was originally told that you will get a bag and then you don't, you go into Argos and tell them you want a substitute or a refund.

Difference being what is enforcable and what isnt. It all comes down to the fine print. If argos say free extras are on a "while stocks last/subject to availability" basis then OP doesnt have any basis to make a valid complaint or persue the matter further should they receive a unsatisfactory response.

Of course if it isnt covered by their T&C's then one could argue that the free items were part of the original contract. But all things considered, it would likely boil down to whether argos were willing to give a substitute as a goodwill gesture or not.

The thing about law is that theoretically, you can "bend" the law to fit the situation, providing you can give enough evidence and persaude a court that your "theory" is the right one. Hence why precedents are used as references a lot but if you're convincing enough, you can set a precedent of your own

Zandoni

unholyangel wrote: »

Difference being what is enforcable and what isnt. It all comes down to the fine print. If argos say free extras are on a "while stocks last/subject to availability" basis then OP doesnt have any basis to make a valid complaint or persue the matter further should they receive a unsatisfactory response.

Of course if it isnt covered by their T&C's then one could argue that the free items were part of the original contract. But all things considered, it would likely boil down to whether argos were willing to give a substitute as a goodwill gesture or not.

The thing about law is that theoretically, you can "bend" the law to fit the situation, providing you can give enough evidence and persaude a court that your "theory" is the right one. Hence why precedents are used as references a lot but if you're convincing enough, you can set a precedent of your own

I obviously agree with what you say, but at the end of the day there's no way the OP intends taking court action.

Going into the store and chatting to the manager is all that is required.

I recently bought a Freesat box from Argos, two days after purchase it was reduced by £40. I went into the store and asked if they could re-imburse me. They couldn't, so not to be beat I phoned Argos head office.

The customer service lady said that there was no way they could give me £40.00 back. I asked to speak to her manager, she told he would tell me no different. Eventually got through to him and one week later received cheque for £40.00.

So called "good will gestures" work well for me.

derrick

Equaliser123 wrote: »

No!

That is US law - from the same page: West's Encyclopedia of American Law, edition 2. Copyright 2008

Sandoval wrote: »

Equaliser destroyed you!

Classic...

I was not aware it was a US site, however similar rules apply in the UK, at the time of posting and now I could not find another link, but I am certain that the quote in my post #5 applies in the UK.

So no destroying.

Equaliser123

derrick wrote: »

I was not aware it was a US site, however similar rules apply in the UK, at the time of posting and now I could not find another link, but I am certain that the quote in my post #5 applies in the UK.

So no destroying.

Derrick - appreciate you are trying to help but you really have to go careful about posting stuff from Google searches.

OP - you have the right to have the contract set aside or damages. What your damages will be will depend on the item in that is not being provided.

derrick

Equaliser123 wrote: »

Derrick - appreciate you are trying to help but you really have to go careful about posting stuff from Google searches

This is from our very own MSE;-

• "Are free goods covered?
  Yet if a free gift comes with something else, maybe a free bike when you sign up to a gym contract or a free matching toaster if you buy a particular brand of kettle, and the free item later becomes faulty, you have the same protection as if you’d paid for it. Most sellers will be aware of this but if you encounter problems stand your ground and complain."

So as the seller offered the bag "free" this is an "inducement to purchase" and as such is part of the contract, and by not supplying it they are in breach of contract!

unholyangel

derrick wrote: »

This is from our very own MSE;-

• "Are free goods covered?
  Yet if a free gift comes with something else, maybe a free bike when you sign up to a gym contract or a free matching toaster if you buy a particular brand of kettle, and the free item later becomes faulty, you have the same protection as if you’d paid for it. Most sellers will be aware of this but if you encounter problems stand your ground and complain."

So as the seller offered the bag "free" this is an "inducement to purchase" and as such is part of the contract, and by not supplying it they are in breach of contract!

Being given a faulty item and saying its wrong not to supply it at all is 2 different things.

However, a moot point if the T&C's state subject to availability/while stocks last.

Equaliser123

derrick wrote: »

This is from our very own MSE;-

• "Are free goods covered?
  Yet if a free gift comes with something else, maybe a free bike when you sign up to a gym contract or a free matching toaster if you buy a particular brand of kettle, and the free item later becomes faulty, you have the same protection as if you’d paid for it. Most sellers will be aware of this but if you encounter problems stand your ground and complain."

So as the seller offered the bag "free" this is an "inducement to purchase" and as such is part of the contract, and by not supplying it they are in breach of contract!

It is totally different situation as stated above.

We do not have "inducement to purchase". We have laws of "misrepresentation". Quoting US law really doesn't help anyone.

KeithP

Zandoni wrote: »

Personally I wouldn't care what the law states. If you was originally told that you will get a bag and then you don't, you go into Argos and tell them you want a substitute or a refund.

But the OP explicitly asked what his/her rights were...

I_luv_cats wrote: »

What are my rights???

I_luv_cats

After going to the top I received a £20 gift voucher, bag a week later and a cordless mouse instead of the wired one.

It may have taught them some good old fashioned customer service lessons as there ideas for the customer to constantly chase an absent free gift within 2 months or the deal expires!!!

How a big company can't make sure they can marry up the package together or offer a substitute!!!

Googlewhacker

I_luv_cats wrote: »

After going to the top I received a £20 gift voucher, bag a week later and a cordless mouse instead of the wired one.

It may have taught them some good old fashioned customer service lessons as there ideas for the customer to constantly chase an absent free gift within 2 months or the deal expires!!!

How a big company can't make sure they can marry up the package together or offer a substitute!!!

They probably estimated smaller sales so didn't want to get the liability of lots of the free products being left