Promotional Items Missing From Order

Orrin

I recently bought a computer graphics card from an online retailer which was advertised as coming with three free games. When the card arrived however the games were missing.

I contacted the retailer who said they were out of stock but would be getting more in "next week". Next week came and went and now they tell me they are still "awaiting stock" but don't have an ETA.

It's only been a couple of weeks but the fact that the free games promotion is no longer running and the lack of any ETA makes me think I'm being fobbed off.

The games were part of the order and are included on the invoice that I received.

So my question is how long should I wait for the games to come into stock and if they don't what can I do about it?

terra_ferma

Before you are told different, I'd like to point out that the additional items are part of the original contract, nothing comes for 'free', and all add ons (freebies, discount codes etc) are factored in as part of the price you pay.
If they don't have the item you wanted they may offer one of equal value, but I would argue that they have changed the contract and therefore you should be entitled to return the item you purchased.
I doubt you'll be entitled to a partial refund for 'free items'.

At the end of the day if you bought the card because you wanted the games, that's the whole point of the offer, to get people to buy who would have not otherwise purchased from them. If they have a habit of advertising items that they are not available, then trading standard might also be interested (and ASA if you saw an advertisement somewhere).

You'll probably get better informed people quoting relevant legislation, this is just an informed opinion to give you some pointers.

PM you may want to look at the small prints in the t&c, just in case there is a disclaimer about the freebies

shaun_from_Africa

Another way to look at what terra stated above is to consider what the retailer would do if you received your order along with the "free" extras, then changed your mind and decided to return the goods under the DSR's.

What do you think the retailer would say if you told them that you were returning the graphics card but as the games were free, you were going to keep them.
I'm pretty sure that they would tell you that the games formed part of the sale and must therefore be returned before they would issue the refund, and what's good for them should also work the other way.

somethingcorporate

shaun_from_Africa wrote: »

Another way to look at what terra stated above is to consider what the retailer would do if you received your order along with the "free" extras, then changed your mind and decided to return the goods under the DSR's.

What do you think the retailer would say if you told them that you were returning the graphics card but as the games were free, you were going to keep them.
I'm pretty sure that they would tell you that the games formed part of the sale and must therefore be returned before they would issue the refund, and what's good for them should also work the other way.

Which is exactly what is the in DSR legislation (see the FAQs for more info).

You're due the games and the shop should not fob you off.

alistair.long

it seems simpler the way Terra says it.

In simple terms you bought the order as a complete package. you have not received half the package. you therefore want your money back as the contract was not complete.
You are entitled under the law to return the incomplete package back to the shop for a full refund including postage and the postage you pay, so that you are in the position you were before buying the item.

Orrin

Thanks for the replies. My understanding is pretty much what you've all said; the "free" games formed part of the contract and the retailer should provide them.

I'm happy with the graphics card itself and don't really want to go through the hassle of returning it and possibly having to fight for a refund but at the same time I do feel like they are fobbing me off and I don't want to accept that.

Regarding the small print on the free games promotion I don't remember anything specific at the time I placed the order, but usually these things are "subject to availability" or "while stocks last". However, the game bundle was included in my cart at checkout and on the order confirmation and invoice which I'm sure shouldn't have been the case if it was out of stock.

I've contacted the retailer and asked them if they can offer an alternative given that they don't have an ETA on the games that I ordered.

somethingcorporate

Good plan, see what they come back with.

If they do not play ball I really am not sure where you can go with it as the items are free would likely to be difficult to pursue in court. I guess you could always try for the value of buying them elsewhere.

Try the softly softly approach first, you catch more flies with honey than you do with vinegar and all that!

JimmyTheWig

I agree with what has been said.
You can return the whole lot for a full refund (including your return shipping costs) or hope they do something as goodwill.

terra_ferma

JimmyTheWig wrote: »

I agree with what has been said.
You can return the whole lot for a full refund (including your return shipping costs) or hope they do something as goodwill.

I would not recommend just returning the goods without the retailer agreeing first, as you could end up being without goods and being refused a full refund.
Also OP doesn't necessary want to return the item, they are prepared to compromise.

JimmyTheWig

terra_ferma wrote: »

I would not recommend just returning the goods without the retailer agreeing first, as you could end up being without goods and being refused a full refund.

I wasn't imagining they would do the return without contacting the company first. But the company should certainly agree to the return.

Also OP doesn't necessary want to return the item, they are prepared to compromise.

But my point is that the company doesn't have to compromise. They could say "return the whole lot or put up with it". That's why it will take some goodwill.

Orrin

After pressing the retailer they've admitted that they aren't expecting any more stock and that as the offer was "limited availability" not every customer would get it.

I wasn't happy as they'd twice told me stock was due and were happy to accept the initial order including the game bundle with no indication it wasn't in stock at the time of the order.

As the original offer has been discontinued I suggested they replace it with the current promotional bundle and they've agreed to that.

I'm happy with the outcome but I know that if I hadn't pushed them I'd still be sitting here with nothing and it seems like that's the norm these days unfortunately.