Free gift with oven purchase

MrsMac2B

Hi,

I wonder if anyone could advise me on this matter, as I can't find any info on the web?

I purchased a new double oven from Currys on 6th November 2015. There were 2 ovens I was interested in, one was made by Bosch and the other by Hotpoint. Both were pretty much the same but decided to go with the Hotpoint as part of their promotion during Oct/Nov 2015 was a "free Joseph Joseph knife carousel worth £85" for all qualifying purchases. The following day the oven arrived and we had it installed, I have to say I'm delighted with the product but not with Hotpoint! I made an online claim for the knife carousel on 8th November inputting my details and submitting a PDF of my receipt, but didn't receive any email confirming it had been received. So a few weeks later I made another claim, this time I did receive an email advising that my claim had been unsuccessful as I didn't provide "valid proof of purchase" which of course I did with the attached PDF. After another 5 or 6 attempted claims, all rejected I then tried to contact Hotpoint but with no success. Fiinally on 1st December I rang their Head Office and was put through to a Brand Manager who asked me to email a copy of my receipt over to his and promised faithfully that he'd get things sorted for me. But despite a number of emails and phone calls to this Brand Manager I'm still not in receipt of the goods.

My question is do I have any legal standing where free gifts a concerned as my choice to purchase this double oven and not the Bosch one, was based entirely on that promotion.

Many thanks

cono1717

Legal standing for what? Whilst I appreciate the frustration in not getting the gift, if the two ovens where exactly the same bar the gift then if you plan on returning it, I don't see the point.

The hassle you have now would pale in comparison for the hassle of swapping an oven for what is effectively the same model.

agrinnall

cono1717 wrote: »

The hassle you have now would pale in comparison for the hassle of swapping an oven for what is effectively the same model.

Actually I was surprised at how little effort was required to swap over a built in double oven, I had one done recently (swapped a Baumatic for a Bosch) and the guys from John Lewis were away in 20 minutes even though they had to extend the cable to the isolation switch. It slightly made me regret the £85 I'd paid for fitting.

However, I agree that swapping just because of a missing free gift would be a pointless exercise.

MrsMac2B

I never said I wanted to return the oven? My question was what legal standing would I have to demand that Hotpoint honour their promotional free gift.

macman

You called or emailed the BM-if he has your valid receipt, what is the reason for non-supply?
Tricky one this-you could sue Currys for breach of contract, since Hotpoint have no contract with you?

bris

Consumer rights do allow for this. The question is whether you have legal rights over whether something offered as a gift or not and the answer is yes.


The law looks at whether you would have bought the oven if the free gift was not offered and whether or not it was the gift that made up your mind. In most cases the answer is yes, free gifts are a deciding factor in millions of purchases every year so they do form part of the contract.


As long as you have done everything required to claim the gift, which it looks like you have despite what they claim then you should receive the gift.


The T&C's could and probably are classed as an unfair term as there would be nothing to stop a retailer offering free gift then saying they have ran out so they are covered by their T&C's.


I say you are but then again it's not me you have to convince and so your negotiating skills may be needed.