Free gift on order - where do I stand?

YorksClare

I have had a search on this site and not found an answer to this - but if anyone knows where one is, please point me there!

I bought a lovely cycling top for my boyfriend from an online shop that had a special offer on - if you bought the top, you got a free cap as a limited offer. We looked at the sizes quoted and it suggested that a chest measurement of 38" was a size medium, so I ordered that.

Well the top arrived and it is too big. However, the limited offer of the free cap has now expired and the shop has sold out of them (you could buy them by themselves if you wanted to).

The shop says that they do not offer an exchange service at all - only a refund. I know that I can fulfill the requirement to send the item back in the original packaging, with the labels, and with the delivery docket. However, this was a birthday present, and my boyfriend loves both items, albeit that he needs a smaller top.

If I want to send the top back for a refund, do I have to send back the free gift also? I want to order the smaller size because it will be much loved, but I won't be able to buy the cap again online.

What is the legal status of the free gift vis a vis a return?

marliepanda

ask them. Maybe rebuy the smaller size first so they know you're not 'blagging'

But if they require you to return it, you have to return it. You got it because you spent money with them which you are not (temporarily)

unholyangel

You can certainly ask them but - legally speaking - the gift wasn't free (or a gift), it was at no extra charge and therefore in order to cancel the contract, you'd need to return all goods that were given in exchange for the price you agreed to pay.

Geoff1963

It would be like buying 3 items in a shop, with a 3 for 2 offer ; then taking back the 2 paid-for items for a refund. If that is the only way to exchange for a different 2 items ( which at the time would also have been 3 for 2 ) then they ought to allow that. Instead of a cash refund, could you ask for a "credit note", to show intent ?

Legally, I think that because it was a change-of-mind, they are entitled to it all back ; though you could suggest they improve the sizing chart. Are they paying for the postage ?

YorksClare

I didn't have to pick the cap, it was thrown in, as is were (I think - there was a pop-up box about it). It looked as if they were trying to dump the stock, so it wasn't quite the same as a three for two.

I did once buy "3 for 2" online (different store) and one item was way outside the sizes quoted, and the shop was really good about swapping it over, though I was prepared that if they couldn't swap, I'd pay the difference.

I'm paying for the postage in both directions, and paid it on the original order too. As a colleague pointed out, for the money I was spending it was a bit tight of the company to charge extra for postage on very lightweight items.

I think I will do as first suggested - order the small size and show good faith, and ask them what to do.

unholyangel

YorksClare wrote: »

I didn't have to pick the cap, it was thrown in, as is were (I think - there was a pop-up box about it). It looked as if they were trying to dump the stock, so it wasn't quite the same as a three for two.

I did once buy "3 for 2" online (different store) and one item was way outside the sizes quoted, and the shop was really good about swapping it over, though I was prepared that if they couldn't swap, I'd pay the difference.

I'm paying for the postage in both directions, and paid it on the original order too. As a colleague pointed out, for the money I was spending it was a bit tight of the company to charge extra for postage on very lightweight items.

I think I will do as first suggested - order the small size and show good faith, and ask them what to do.

Be aware if they complied with the provisions of the Consumer Contract (information, cancellation & additional charges) Regulations, you have 14 days starting the day after receiving the goods to notify them of your intent to return and a further 14 days from notifying them to actually return the goods.

The reason I'm telling you this is so you don't inadvertently go outside of this period while waiting on the small arriving - I'd perhaps order it and then immediately contact them. Alternatively, you might like to contact them saying something like "before I make the decision to reorder in a smaller size, I'd just like to check whether you'd be willing to xyz". If you've already reordered, theres not really any incentive (imo) for them to say yes.

takman

YorksClare wrote: »

I'm paying for the postage in both directions, and paid it on the original order too. As a colleague pointed out, for the money I was spending it was a bit tight of the company to charge extra for postage on very lightweight items.

That's a silly comment to make!. Even if they did offer free postage the items prices would be increased to cover the price of the postage. Just like the "free gift" is not free, "free postage" is also not free and costed into the price of items as a marketing gimmick, which obviously works on people like your friend!.

YorksClare

Update: I bought the Small size anyway, and noticed that the returns policy required only that I package the item for return and send it back with a copy of the delivery note, circling the entry for the item I was returning. The delivery note did not itemise whether or not the item was free, and they did the refund straight away.

As I mentioned earlier, we did take a chest measurement to see which size to buy, and the shirts were definitely not the right sizes indicated. The Small fit perfectly.

I do still feel that free postage (whether or not it adds a fraction to the cost of the items ordered) and a proper exchange service are essential when buying things where the sizing is quite subjective/inaccurate.