Free Tablet for signing up to TV Company -Rights

agrinnall

bris wrote: »

No you're wrong, the law states there is no such thing as a free gift and they are treated the exact same way as any other purchase.


The way the law looks at free gifts is simple. When a free gift is offered would you have bought the service if the gift wasn't offered. The law says no, the free gift is why you buy the service in the first place so forms part of the contract. There is no such thing as a free gift.

OK, so what amount of refund would the provider have to give if they chose that as the resolution? I still maintain that £0 would be an acceptable figure.

What I would agree with is that the OP could make a good case for terminating the contract without having to pay any more or pay any penalty, but I'm not sure that would be a good solution for them.

robpw2

agrinnall wrote: »

OK, so what amount of refund would the provider have to give if they chose that as the resolution? I still maintain that £0 would be an acceptable figure.

What I would agree with is that the OP could make a good case for terminating the contract without having to pay any more or pay any penalty, but I'm not sure that would be a good solution for them.

The gift forms part of the contract and as such is treated as if you bought it from the company.

They therefore wouldn't be able to say we are refunding you £0.00 and call it the end.

agrinnall

robpw2 wrote: »

The gift forms part of the contract and as such is treated as if you bought it from the company.

They therefore wouldn't be able to say we are refunding you £0.00 and call it the end.

So how much would they have to offer to make it valid? 1p? £1?

robpw2

agrinnall wrote: »

So how much would they have to offer to make it valid? 1p? £1?

They would need to replace the gift like for like or to an equivalent value.

agrinnall

robpw2 wrote: »

They would need to replace the gift like for like or to an equivalent value.

Not if they chose the refund option. So I ask again, how much would they have to refund to make it valid, in your opinion?

eddddy

agrinnall wrote: »

Not if they chose the refund option. So I ask again, how much would they have to refund to make it valid, in your opinion?

As unholyangel says:

unholyangel wrote: »

You would be entitled to damages - which primarily would be assessed on the basis of putting you into the position you would have been in (as near as money can achieve it) had the breach not happened (which would be with a working tablet).

So the seller could repair/replace the tablet, or refund/pay the cost of buying an equivalent tablet elsewhere.

(Although, it sounds like the OP had 4 months use of the tablet. Let's say the the expected life of a tablet is 40 months, so the OP has had 10% of the expected benefit. So it might be reasonable to refund/pay 90% of the cost of buying an equivalent tablet elsewhere.)

LABMAN

The buyer returns the full package and gets a refund. Item bought + freebie returned...refund...end of?

unholyangel

LABMAN wrote: »

The buyer returns the full package and gets a refund. Item bought + freebie returned...refund...end of?

Typically they'll only unwind a contract/award damages on the basis of putting you into the position you would have been in had the contract not been entered into if awarding damages based on the contract being performed correctly is not possible.