Sale of Goods Act and "free gifts"

billy1234

First of all i think it is VERY unlikely that it is 10% hydrogen peroxide. It is far more likely to be 10% Carbamide peroxide.

This solution has been proven through multiple high quality peer reviewed articles in the scientific literature to be safe and effective.

Its legality is not as cut and dry as you are making out. Its use is legal when dispensed under the medical devices directive.

It is only under the cosmetic devices directive that its use is limited to 0.1%.

I would consider the use of carbamide peroxide when prescribed by a registered dentist with the use of custom fitted reservoir trays to come under the remit of the medical devices directive and thus is entirely legal.

The alternatives to tooth whitening with carbamide peroxide are a restorative intervention such as porcelain veneers or crowns which would be far more damaging to your dental health than minor, self limiting soft tissue inflammation which would be caused by peroxide. If you were using the gel as per the instructions that you were given there are no known permanent/ long term detrimental effects. Minor irritation is a known side effect of contact of carbamide peroxide with the soft tissues of your mouth and as already said is entirely self limiting.

Your dentist has no doubt acted in good faith and in your best interests by prescribing this gel and you should be ashamed of yourself.

Hullmale

I did not want to go into all the detail because I was looking for something specific - which no one has been able to answer, and I cannot find it anywhere online. As it states on this site:

"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."

Ok - but where in the SOGA does it state this? Or where in Contract Law or any Statute Law does it state this? Where???!!!

No one seems to know - yet the above quote is on this site!

That is all I (and I think many other people in a similar situation) would like to know - I cannot put on a Claim for that it states so on Martin Lewis' website that I am due a refund! I have read the SOGA and cannot see any mention of freebies.

So does anyone know of any statutory law that confirms what Martin Lewis claims on this website?!

wealdroam

I don't know the answer to your specific question OP, but please reconsider the points made in post #10.

Have you contacted the dentist and asked him to help you resolve the issue?

Seriously, if you have done nothing to try and sort things out before going to court then your case will fail.

My suggestion is that you forget about the finer points of law and set about coming to an amicable solution if possible.

Of course you are totally free to ignore my posts... as you have done so far.

Hullmale

Yes I have had a meeting with the dentist and 3 letters have passed between us and I am not accepting £100!

Hullmale

It's not until you take the "free" product out of the equation that you realise what an integral part of the contract it is, here are some examples and see what you think:

1. the dentist has run out of the free tooth whitening kit worth £250 and instead offers you a tube of toothpaste (lol)

2. you buy a new car advertised as coming with a full tank of petrol but you realise it is only quarter full

3. You go to a supermarket where you see a buy on get one free offer on micro SD-Cards. You get them home and realise they are both damaged but the Supermarket will only replace one of them.

The "free" product is an integral part of the contract and so when people say ... "well, it was a free product" - it doesn't matter it was part of the contract that influenced you to buy.

Dave101t

+ damages?!
that loses my vote.

fluffnutter

Hullmale wrote: »

I did not want to go into all the detail because I was looking for something specific - which no one has been able to answer, and I cannot find it anywhere online. As it states on this site:

"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."

Ok - but where in the SOGA does it state this? Or where in Contract Law or any Statute Law does it state this? Where???!!!

No one seems to know - yet the above quote is on this site!

That is all I (and I think many other people in a similar situation) would like to know - I cannot put on a Claim for that it states so on Martin Lewis' website that I am due a refund! I have read the SOGA and cannot see any mention of freebies.

So does anyone know of any statutory law that confirms what Martin Lewis claims on this website?!

Many points of law are arguable - that's why we have courts. There's no neat set of words we can point you to, simply because it depends. It depends on the value of the original item, the nature of the contract, the value of the gift, what specifically has happened, whether any problems have been encountered, etc. etc.

Not everything is clear cut which is why it's necessary to include pertinent details. Trying to claim money for a free gift you didn't use is very different to trying to seek recompense for a substance that's injured you and possibly cost you money to fix those injuries. The first may be a non-starter whereas the second has possibilities.

Hullmale

Well time will tell - it certainly is an interesting one and I will post on the forum what the outcome is and what the Judge says.

welshdent

Personally I think 1000 for orthodontics was cheap in the first place

arcon5

op.. just wondering how your getting on with this one?

I would be quite interested in any updates...