Free gift broken during transit

Handsome90

Morning to the nice people in this forum,

I bought a pair of trainers for a friend of mine from Sports Direct. The package came with a free gift (a SD mug) and the handle of the mug was broken during transit. I understand if I paid for it, the retailer would have had to provide a remedy. However, as it's essentially free (hence it's value is £0), do they have to provide a remedy under SOGA?

Thanks

OlliesDad

The mugs are not free - they add them to the basket at a cost of £1 and you have to remove it if you don't want it. If it is broken I would expect a refund at least.

mrjam

OlliesDad wrote: »

The mugs are not free - they add them to the basket at a cost of £1 and you have to remove it if you don't want it. If it is broken I would expect a refund at least.

Not necessarily true. I always make a point of removing the mug from the checkout (as it does cost £1) however they always send one anyway and I don't get charged for it.

ElefantEd

If you didn't want it and didn't pay for it, just lob it or use it for keeping pencils in. For all you know they were just sending you a broken mug to free up space in their warehouse!

Confucius said:" A free broken mug that you didn't want in the first place is not worth complaining about."

Wise words to live by.

nomoneytoday

Coincidence - my mug broke in transit too

Whilst I didn't pay for it, it means another brand will take its pride of place on the desk

unholyangel

If it was added to your order as a free mug then it forms part of the contract and you have paid consideration - despite not paying any specifically for the mug. So you'd have the same rights with the "free" gift as you do the paid part.

If it was just sent (as someone said above, you removed it but they sent a "free" one anyway) then technically its not yours, its theirs. Doesnt fall under unsolicited goods as there was a request made by you/on your behalf to the company.

Even if you have paid the £1, as someone said above, they're likely to refund rather than faffing about with postage sending another mug out.

keyser666

Hahhahaha Really?

Handsome90

unholyangel wrote: »

If it was added to your order as a free mug then it forms part of the contract and you have paid consideration - despite not paying any specifically for the mug. So you'd have the same rights with the "free" gift as you do the paid part.

If it was just sent (as someone said above, you removed it but they sent a "free" one anyway) then technically its not yours, its theirs. Doesnt fall under unsolicited goods as there was a request made by you/on your behalf to the company.

Even if you have paid the £1, as someone said above, they're likely to refund rather than faffing about with postage sending another mug out.

Thank you unholyangel. I remember there a box, which was automatically ticked (wouldn't this fall foul of the consumer laws?). I think it stated that for £1 I'll be getting a mug and a magazine (I could be wrong). However, I unticked the box.

The email receipt doesn't mention anything about the free gift but the dispatch note, which came with the parcel, states "please enjoy your free gift."

I've emailed SD customer service and waiting for their response.

The handle broke because SD didn't package it properly. The handle didn't have any bubble wrapping :mad: SD needs to learn how to package parcels from Debenhams.

ElefantEd wrote: »

If you didn't want it and didn't pay for it, just lob it or use it for keeping pencils in. For all you know they were just sending you a broken mug to free up space in their warehouse!

Confucius said:" A free broken mug that you didn't want in the first place is not worth complaining about."

Wise words to live by.

That's a good advice but since I ordered the trainers on behalf of a friend of mine, so I wanted to give him the mug as well

mije1983

Handsome90 wrote: »

That's a good advice but since I ordered the trainers on behalf of a friend of mine, so I wanted to give him the mug as well

I'd be inclined to just forget about it. As you specifically unticked the box you weren't expecting the mug anyway, but I suppose it comes down to how much effort you want to put into a free mug!

wealdroam

Handsome90 wrote: »

SD needs to learn how to package parcels from Debenhams.

Did the parcel come from Debenhams then?

rustyboy21

I have one here you can have, as long as you pay the postage !