buy 1 get 1 free and refunds for faulty items 15 December 2022 at 11:20PM edited 15 December 2022 at 11:56PM in Consumer rights 12 replies 344 views

Luke1991_2

Hi, looking for some clarification here.

I purchased something from a retailer (fireworks) which was described as buy 1 item and choose another free (Buy one get one free).

I chose a 25 shot firework and then the free item was an 18 shot firework.

These arrived and fast forward a few nights to the night they were due to be set off, we set off the 18 shot first and all was well.

When setting off the 25 shot only 3 fireworks lit. The rest did not, clearly a faulty item as I had followed the instructions and guidance.

I contacted the retailer who would only refund me half the cost of this firework.

Obviously as fireworks are perishable and 1 has completely gone off and the other partially returning these is "difficult".

Am I correct in thinking that as this was offered as a buy 1 get 1 free, and that my invoice clearly shows that I paid for the 25 shot and received the 18 shot free, that I should be entitled to a full refund on the 1 faulty firework that I paid for?

diinozzo

Luke1991_2 said:

Hi, looking for some clarification here.

I purchased something from a retailer (fireworks) which was described as buy 1 item and choose another free (Buy one get one free).

I chose a 25 shot firework and then the free item was an 18 shot firework.

These arrived and fast forward a few nights to the night they were due to be set off, we set off the 18 shot first and all was well.

When setting off the 30 shot only 3 fireworks lit. The rest did not, clearly a faulty item as I had followed the instructions and guidance.

I contacted the retailer who would only refund me half the cost of this firework.

Obviously as fireworks are perishable and 1 has completely gone off and the other partially returning these is "difficult".

Am I correct in thinking that as this was offered as a buy 1 get 1 free, and that my invoice clearly shows that I paid for the 30.shot and received the 18 shot free, that I should be entitled to a full refund on the 1 faulty firework that I paid for?

You 'bought' a 25 and 18 shot...where did the 30 shot come from?

Alderbank

How much were they each, i.e. the 25 shot, the 30 shot and the 18 shot?

If they refund you for the 25 shot then you will only have bought 1 firework (no BOGOF) so will owe them the cost of the 18 shot.

Luke1991_2

diinozzo said:

Luke1991_2 said:

Hi, looking for some clarification here.

I purchased something from a retailer (fireworks) which was described as buy 1 item and choose another free (Buy one get one free).

I chose a 25 shot firework and then the free item was an 18 shot firework.

These arrived and fast forward a few nights to the night they were due to be set off, we set off the 18 shot first and all was well.

When setting off the 30 shot only 3 fireworks lit. The rest did not, clearly a faulty item as I had followed the instructions and guidance.

I contacted the retailer who would only refund me half the cost of this firework.

Obviously as fireworks are perishable and 1 has completely gone off and the other partially returning these is "difficult".

Am I correct in thinking that as this was offered as a buy 1 get 1 free, and that my invoice clearly shows that I paid for the 30.shot and received the 18 shot free, that I should be entitled to a full refund on the 1 faulty firework that I paid for?

You 'bought' a 25 and 18 shot...where did the 30 shot come from?

Oops, was meant to say 25, not 30.

Luke1991_2

Alderbank said:

How much were they each, i.e. the 25 shot, the 30 shot and the 18 shot?

If they refund you for the 25 shot then you will only have bought 1 firework (no BOGOF) so will owe them the cost of the 18 shot.

The 25 shot was £27.99, the 18 shot was £11.99 and postage was £25.

Alderbank

Luke1991_2 said:

Alderbank said:

How much were they each, i.e. the 25 shot, the 30 shot and the 18 shot?

If they refund you for the 25 shot then you will only have bought 1 firework (no BOGOF) so will owe them the cost of the 18 shot.

The 30 shot was £27.99, the 18 shot was £11.99 and postage was £25.

...so you meant to say 30, not 25?

Luke1991_2

Alderbank said:

Luke1991_2 said:

Alderbank said:

How much were they each, i.e. the 25 shot, the 30 shot and the 18 shot?

If they refund you for the 25 shot then you will only have bought 1 firework (no BOGOF) so will owe them the cost of the 18 shot.

The 30 shot was £27.99, the 18 shot was £11.99 and postage was £25.

...so you meant to say 30, not 25?

🤣😅 It's been a long day, 25....

user1977

No, it's just a different way of describing a discount on your overall purchase. I would say a proportionate refund is fair enough.

Luke1991_2

user1977 said:

You should get a refund (or replacement) for the faulty item. "Buy one get one free" or similar doesn't mean that the retailer can pretend you don't have normal consumer rights for the "free" item - it's just a different way of describing a discount on your overall purchase.

So it should be a full £27.99 refund, not £27.99 - £11.99?

Murphybear

Luke1991_2 said:

Alderbank said:

How much were they each, i.e. the 25 shot, the 30 shot and the 18 shot?

If they refund you for the 25 shot then you will only have bought 1 firework (no BOGOF) so will owe them the cost of the 18 shot.

The 25 shot was £27.99, the 18 shot was £11.99 and postage was £25.

When you say postage was this a specialist courier.  You can’t send them in the post in the uk

From the RM website

Explosives

(including fireworks, flares, blasting caps, party poppers, Cracker snaps)

Any chemical compound, mixture or device capable of producing an explosive or pyrotechnic effect with substantial instantaneous release of heat and gas is prohibited e.g. ammunition, blasting caps, Christmas cracker snaps, fireworks, flares, fuses, igniters, nitro-glycerine and party poppers.

• International - Not allowed in the mail
• UK - Not allowed in the mail
• Items that appear to be prohibited explosive ordnance may be subject to additional checks and delays.

Ath_Wat

Luke1991_2 said:

user1977 said:

You should get a refund (or replacement) for the faulty item. "Buy one get one free" or similar doesn't mean that the retailer can pretend you don't have normal consumer rights for the "free" item - it's just a different way of describing a discount on your overall purchase.

So it should be a full £27.99 refund, not £27.99 - £11.99?

Do you actually think it makes sense that you should be allowed to keep the free item without having made a purchase?  

Extend that to non faulty change of mind returns - do you think you can buy something on BOGOF and then return the paid for one for a full refund and keep the free one?

That clearly makes no sense and this is much the same.  As said above  I think at best you are due 27.99 - 11.99 back as once you have returned the "paid for" one you have to pay full price for the one you have retained.