Sale of Goods Act and "free gifts"

Hullmale

I understand that if a free gift is given as part of the service that it is covered by the Sale of Goods Act (it is also mentioned on this site).

Does anyone know whereabouts in the Sale Of Goods Act that it states that free gifts/goods are covered? I am issuing a CCJ against someone and I would like to quote a specific paragraph/section.

Thanks in advance.

I_luv_cats

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7th December 2009, 11:02 AM
Tony
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Comment on Faulty Playstation 3 Rights by Tony
The subject of 'free gifts' is a difficult one and the answer is 'it depends'. If it is really a free gift then you are not covered by SoGA. However, most retailers will link a gift of any significant value to the contract of sale for another item/service and it will then be covered. If this were not the case, you could cancel that contract and keep the free gift.Warranties are generally not transferable, but you need to check the terms. More importantly, neither are rights under SoGA transferable to someone who is not party to the original contract - this is also a complicated area.Prizes are not covered by SoGA, but you might get a warranty.Probably need a new article on this subject.

halibut2209

From this site


"This is a tricky area in consumer rights. Technically when something's free there's no contract with the supplier, so you're not entitled to get a faulty item fixed.
Yet if it was a free gift as part of a purchase, eg sign up for a mobile contact and get a laptop with it – that's different, you've exactly the same SadFart rights as if you'd paid for it. Most sellers are aware of this, but, if they try to fob you off, stand your ground."

EDIT: Sorry, you'd already said you'd seen it here. My bad.

arcon5

Whats the item and its value?
How did it come in to your possession?

If is was covered under SOGA then the seller would have to replace, repair or refund and it's their choice -- so I suppose they would go for the refund option since its the most cost-effective remedy as it means refunding £0 . But again, it depends how you came into possession of the 'gift'...

Hullmale

It was advertised by a dentist as part of a tooth alignment package that you would get a tooth whitening kit worth £250 once the tooth alignment was finished. The tooth alignment cost over £1,000. The tooth whitening kit contained 10% hydrogen peroxide - the legal limit is 0.1% for home tooth whitening kits - and therefore I was provided with an illegal substance.

I am issuing a CCJ to try and get £250 back (tooth whitening kit cost as advertised by dentist) and claiming damages. Trading standards have been informed and are taking their own action.

arcon5

I'm not sure you have a case tbh. A slight correction though... your not issueing a CCJ, your trying to issue a CCJ. I would be surprised if a judge found in your favour for £250.

Did you use the product and what losses have you incurred? Or is it simply for compensation?

I thought compensation claims other than provable losses had to go via the fast track claims court which costs alot more than a standard money claim and carry much higher risks if you loose........?

This is not uncommon apparently... http://www.which.co.uk/news/2010/08/illegal-tooth-whitener-sales-exposed-225191/.

Hullmale

Hi - claims of less than £5,000 go thru the small claims track at the County Court. As the teeth whitening kit was provided as part of the contract of tooth alignment then I believe that I am entitled to the "sadfart" rules as mentioned on this website for "freebies". I can sue for damages under the Consumer Protection Act 1987 and also use the General Product Safety Regulations 2005. The Judge has the power to award damages - and the Defendant has the right of appeal.

I am trying to find out were, in the SOGA or Contract Law that it states that "free gifts" supplied as part of a contract meet the same criteria under the SOGA as normal goods that are bought - ie the right of a refund. The very fact that the teeth alignment included a tooth whitening kit of £250 was paramount in me selecting this service. (I also have rights under the Supply of Goods and Services Act.) From my experience of "issuing" CCJ's (or making a claim) I want to sit in front of the Judge prepared - I also know that a Judge will frown upon a professional dentist openly breaking the law as the Cosmetic Product Safety Regulations state that the max amount of hydrogen peroxide in home tooth whitening kits must not exceed 0.1% - mine was 10% (as tested and verified by the Trading Standards - even the General Dental Council (of which the Dentist is a member has a section on its website devoted to teeth whitening emphasizing the 0.1% max limit! I have an extremely strong case.

verityboo

Hullmale wrote: »

I am trying to find out were, in the SOGA or Contract Law that it states that "free gifts" supplied as part of a contract meet the same criteria under the SOGA as normal goods that are bought - ie the right of a refund.

But the SOGA does not give the right to a refund even on normal purchases. The supplier must repair, replace or refund and they have the choice. The dentist could therefore refund you £0.

There are regularly threads on this board where buyers purchase something very cheap, it goes wrong so the seller simply refunds. The buyer is then left with the situaton where they have been refunded the bargain price but this is not sufficient to purchase a replacement (but fine under the soga)

I would have thought that if you wanted a whitening kit then your best option would have been to ask the dentsit for a replacement legal kit. You do not, however, say whether you approached the dentist about the matter and what their response was

moonrakerz

Hullmale wrote: »

you would get a tooth whitening kit worth £250
I am issuing a CCJ to try and get £250 back

As you didn't actually pay £250 for it - do you really think ANY Court will back you up ?
What "damages" did you suffer ? None, as far as you explain.

Hullmale wrote: »

The tooth whitening kit contained 10% hydrogen peroxide - the legal limit is 0.1% for home tooth whitening kits - and therefore I was provided with an illegal substance

In that case complain to the General Dental Council who regulate all dentists.

If it actually is "illegal" go to the Police !

What was the name of the character played by Bill Owen in "Last of the Summer....................???

wealdroam

OP, what did the dentist say when you asked for your money back?

Any court will want to know that you have taken all reasonable measures to resolve your issue before taking legal action.

You mention damages. Please explain. What 'damage' have you suffered?

welshdent

you would not have had 10% hydrogen peroxide you would have had 10% CARBAMIDE peroxide. Its not the same thing. What damage actually occurred to you? If you have a problem on clinical grounds the GDC are happy for 10 and 15% carbamide peroxide to be used and there is also moves a foot to get trading standards to calm down on it all as long as dentists prescribe it. If damage has been done to you then your route is to contact the practice to inform them of your problems. If you didnt want it why not just turn down the freebie?