Store Offering Expired Free Gift

cheekymole

Good Morning

I recently bought an item from a large store. A tag on the item offered a free gift from an external source with the purchase of the said item.
After purchase I went to the website offering the free gift - it had expired 4 months previuosly. The store is saying they cannot do anything as the item was on special offer. Is this not false advertising?

TIA for any help/advice

visidigi

Did the tag have an expiry on the item on offer? Or did you only find it was expired when you went to redeem it?

JimmyTheWig

I don't see how the special offer affects your rights.

It might be store policy to not offer refunds on items that are on special offer, but they still need to meet the SoGA. If the item is not "as described" then they need to do something to rectify the situation.

cheekymole

visidigi wrote: »

Did the tag have an expiry on the item on offer? Or did you only find it was expired when you went to redeem it?

Thank you
There was no expiry on the tag itself it was not available when I went to the website link

Fosterdog

The tag offering the free gift probably said something like terms and conditions apply, it may have even had an end date for the offer on the tag, or a note saying while stocks last.

Was it advertised as being on a special offer or clearance when you bought it?

cheekymole

They have said that if I take the item back they will refund it but I want the item!
Does anyone know if there is anything I can quote from tradings standards etc?

What is SoGA please?

cheekymole

Fosterdog wrote: »

The tag offering the free gift probably said something like terms and conditions apply, it may have even had an end date for the offer on the tag, or a note saying while stocks last.

Was it advertised as being on a special offer or clearance when you bought it?

The tag had nothing on it apart from to go to the external website.
Yes the item was reduced but not clearance or special offer!

Fosterdog

If they have offered a refund then they have fulfilled their obligations under SoGA (Sales of Goods Act) you have to decide whether you want the item with no free gift or a refund and no item.

cheekymole

Fosterdog wrote: »

If they have offered a refund then they have fulfilled their obligations under SoGA (Sales of Goods Act) you have to decide whether you want the item with no free gift or a refund and no item.

So basically under the SoGA stores can offer what they want to get a sale then get away with it? :O

visidigi

cheekymole wrote: »

So basically under the SoGA stores can offer what they want to get a sale then get away with it? :O

They only have to put you back in the situation you were in prior to the purchase of the item.

They have offered to do this. There is nothing obligating them to provide you with a gift.

OlliesDad

cheekymole wrote: »

So basically under the SoGA stores can offer what they want to get a sale then get away with it? :O

Well obviously not.. they have to refund (hence no sale).

You could complain to the Advertising Standards Authority.. they will then have to prove they took reasonable steps to have enough stock of the free gift. The ASA won't make them give you the gift though.