Rights with a 'free' item

insertusername

Morning, I'd like some advice on my situation which is a little strange.

I purchased a set of headphones for around £200 and got a free second pair worth £150 with my purchase. The second pair are faulty after 6 months but whilst looking on Google it seems they have developed a common fault and there are pages and pages of reviews on the manufacturers website and articles about lawsuits and false advertising regarding battery life and durability.

I cannot return and ask for a refund as the retailer would technically owe me £0 but I also cannot return the item I paid for because there is nothing wrong with them. I also wouldn't have paid as much for the headphones if I wasn't getting two pairs for my money.

Do i have any grounds to ask for a replacement pair of different headphones of equivalent value or am I now just stuck with a faulty pair of free headphones and an expensive pair of headphones that now arent as good value?

Thanks

Bermonia

Have you considered contacting the retailer... before asking a forum of strangers?

Matty36

As they cost you nothing, personally I would just leave it.. But there is no harm asking the retailer about a replacement. You definitely won't receive any kind of refund unless you send both pairs of headphones back.

insertusername

Super helpful thanks. The reason I asked is because I know the retailer has a way of fobbing people off so I wanted to know where I stood. The reason I wanted to know is because when spending £200 and getting something for £150 free that's quite a substantial influence and now I've got a pair of headphones that don't work. If it was a free small item of no value id not bother but this is an expensive item that's broken.

I've already been told I can't return the whole lot because they both aren't faulty.

unholyangel

Well at this stage, if the lack of conformity is inherent you'd only be entitled to ask for a repair or replacement. If the retailer refuses or cannot do the aforementioned within a reasonable time/without significant inconvenience then you would have the right to reject for a refund. And that right to reject is to reject all of the goods, reject none of the goods or reject those that dont conform and keep those that do.

These were not free (as far as the law is concerned anyway). They may have been provided at no additional cost/consideration, but you did have to give consideration in order to receive them.

waamo

Just out of interest how do you know it's the "free" ones that are faulty? Why couldn't it be the pair you paid for?

da_rule

waamo wrote: »

Just out of interest how do you know it's the "free" ones that are faulty? Why couldn't it be the pair you paid for?

It would seem that they are different models as the pair the op paid for were approximately £200 but the free pair were only priced at £150.

zoob

Have you thought of contacting the manufacture of the free pair off headphones and claiming under there warranty

waamo

da_rule wrote: »

It would seem that they are different models as the pair the op paid for were approximately £200 but the free pair were only priced at £150.

That's approximately the same price. It would be helpful if the op could confirm they are different models

zoob

waamo wrote: »

That's approximately the same price. It would be helpful if the op could confirm they are different models

The £200 pair is 33.3% dearer, it’s definitely not approximately the same price or even near it

waamo

zoob wrote: »

The £200 pair is 33.3% dearer, it’s definitely not approximately the same price or even near it

The op says "around" £200. £200 isn't the exact figure. It could be less (or indeed more). £150 and £200 are "around" the same amount.

ETA The Supreme Court described £60 and £100 as "in the same ballpark" so there is actually legal precedent for this view