Free gifts with new contract-Consumer rights?

Ireally

I joined o2 as a new customer a few months ago and was tempted by the free tablet offer. This tablet will not charge up now. Do I have any rights to new charger or repair or anything seeing as it was a free gift?

grumbler

MSE article: Consumer Rights Armour

Do I have rights if a freebie was faulty?
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, if you sign up for a mobile contact and get a laptop with it – that's different. Here, you've exactly the same Sad Fart 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.

That said, pretty often problems with charging can be a result of a broken charging port (= customer inflicted damage).

macman

So which is faulty-the charger or the tablet?
Manufacturer warranty?

SteveHenshaw

Should still be under manufacturer warranty. I would hold firm if they are in the wrong.

gjchester

SteveHenshaw wrote: »

Should still be under manufacturer warranty. I would hold firm if they are in the wrong.

Possibly but comes down to Grumblers point.

If the damage appears to have been caused by the end user being heavy hand then it's not going to be covered under any manufacturers warranty.

Proving it was not user made may be another matter..

Ireally

Thanks for all the replies to my question. Most useful. I have looked online and it looks like this particular tablet is prone to this problem. I do not think I've been reckless with it. Think I'll write and see what can be done.

NFH

The tablet was not free but formed part of the contract of the supply of goods and services. The quality of such goods is governed by Section 18(3) of the Supply of Goods and Services Act 1982. O2 would not claim that the goods were free because to do so would be a breach of Schedule 1 Regulation 20 of the Consumer Protection from Unfair Trading Regulations 2008. Your statutory rights are against O2 and your contractual rights (under the warranty) are against the manufacturer; you can use either.

gjchester

NFH wrote: »

The tablet was not free but formed part of the contract of the supply of goods and services. The quality of such goods is governed by Section 18(3) of the Supply of Goods and Services Act 1982. O2 would not claim that the goods were free because to do so would be a breach of Schedule 1 Regulation 20 of the Consumer Protection from Unfair Trading Regulations 2008. Your statutory rights are against O2 and your contractual rights (under the warranty) are against the manufacturer; you can use either.

The same applies, if its down to heavy handedness then no warranty will cover it.

Ireally

Thanks again for the answers. I contacted o2 who were very helpful but referred me back to Carphone Warehouse from where I'd got the deal.. Took the tablet in to local shop today and they've stopped doing that model! But they didn't quibble,said they'd change it for a similar model. Only delay now is the assistant couldn't find the electronic process to make this work,has to wait for manager to come in to shop! But I'm heartened so far with results. Dont think I would have bothered if it wasnt for the advice given on here,thanks everyone

Ireally

Just thought I'd write an update. Took the tablet back to Carphone Warehouse shop who immediately said I could have an exchange. As that particular tablet was no longer supplied by them they offered to replace it with another. Unfortunately they couldn't locate instruction on how to do this action,took several days! Today however I have been supplied with the replacement. Thanks again all who gave me advice,I may not have pursued this if it wasn't for your help.