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When is 'free' not 'free'?

Can somebody please tell me if my memory is getting worse?

I am sure I read not too long ago that shops and retail outlets in this country (both real and online) were going to be stopped, by law, from offering freebies that still needed post and packing charges to be paid. Am I right or have I been dreaming again?

I'm asking because I have just received an e-mail from an online company offering a load of 'free' stuff. But it isn't because I have to pay postal charges so I don't want it. In effect it is spam to me (I have purchased from them in the past).

Any ideas?

Thank you.
Kevan - a disabled old so and so who, despite being in pain 24/7 still manages to smile as much as possible :)
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Comments

  • sabz3008
    sabz3008 Posts: 257 Forumite
    It's not illegal yet but there are calls to make it illegal as far as I know :) ... I'm pretty sure this was mentioned on either Watchdog or Don't get done get dom or one of those consumer programmes a few weeks ago.
  • bingo_bango
    bingo_bango Posts: 2,594 Forumite
    It will never be illegal in the sense that you think it will.

    It is currently a prohibited action under CPUTRs (Schedule 1, practice 20) to describe a product as free if the consumer has to pay anything other than the unavoidable cost of responding to the commercial practice and collecting or paying for delivery of the item.

    The important word in that statement is unavoidable. If the costs for postal charges are obviously excessive, then I would argue that the email breaches the requirement above.

    Of course, the legislation can only be enforced against companies based in the UK. Who emailed you?
  • kevanf1
    kevanf1 Posts: 299 Forumite
    Of course, the legislation can only be enforced against companies based in the UK. Who emailed you?

    Am I allowed to say the companies name on here? I haven't because I don't want to fall foul of forum rules. If I can say I will.

    What I'll say for now is that I thought any company who sells in the UK, whether through a bricks and mortar shop or online must now adhere to UK consumer laws? Yes, I realise how difficult that might be to enforce but is that correct?

    Take care all.
    Kevan - a disabled old so and so who, despite being in pain 24/7 still manages to smile as much as possible :)
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    kevanf1 wrote: »
    Am I allowed to say the companies name on here? I haven't because I don't want to fall foul of forum rules. If I can say I will.

    What I'll say for now is that I thought any company who sells in the UK, whether through a bricks and mortar shop or online must now adhere to UK consumer laws? Yes, I realise how difficult that might be to enforce but is that correct?

    Take care all.

    If they are based in the UK, they do. However, you don't seem sure which law they have broken?
    Gone ... or have I?
  • moonrakerz
    moonrakerz Posts: 8,650 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    "When is 'free' not 'free'?"

    When it says "free cash withdrawals" on an ATM..............:D
  • bingo_bango
    bingo_bango Posts: 2,594 Forumite
    You are correct in assuming that companies trading in the UK must comply with UK legislation, but as you deduced, it is almost impossible to enforce UK legislation when the trader is based offshore (at least those without a physical presence).

    You don't have to state the company name, but as the only thing you have posted is a question regarding the legality of a free offer, there is nothing libellous in it anyway.
  • kevanf1
    kevanf1 Posts: 299 Forumite
    dmg24 wrote: »
    If they are based in the UK, they do. However, you don't seem sure which law they have broken?

    That's because I'm not sure if a law has been broken :) That's the whole reason for my post because I am sure I heard or read it somewhere recently. I'm not sure they are based here in the UK despite doing a lot of business here. They may have offices here, I don't know.
    Kevan - a disabled old so and so who, despite being in pain 24/7 still manages to smile as much as possible :)
  • kevanf1
    kevanf1 Posts: 299 Forumite
    moonrakerz wrote: »
    "When is 'free' not 'free'?"

    When it says "free cash withdrawals" on an ATM..............:D

    Now that one I know is illegal :) If there's a charge it has to state as such before you hit any button requesting a withdrawal. In which case I walk away and find a free one ;)
    Kevan - a disabled old so and so who, despite being in pain 24/7 still manages to smile as much as possible :)
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    kevanf1 wrote: »
    Am I allowed to say the companies name on here?
    Vistaprint?
  • kevanf1
    kevanf1 Posts: 299 Forumite
    paddyrg wrote: »
    Vistaprint?

    I neither confirm or deny...

    Really, this was not meant to be any sort of witch hunt I just wanted to know if the company I received the offer from were legally allowed to do it. So, whoever it is means nothing really, it's purely whether they can or can't within the law.

    take care.
    Kevan - a disabled old so and so who, despite being in pain 24/7 still manages to smile as much as possible :)
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