BOGO deal not honoured. What are my rights?

r253p

Hi,
I ordered a jacket from an online store which offered a BOGO free deal. I selected both jackets and placed my order. My order and shipping confirmation show 2 jackets. Upon receiving my order, I only received 1 jacket. I contacted the company and asked for a refund or to be sent another jacket and they said that they were low on stock so decided not to send it, and since it was “free” they weren’t obliged to refund me. 
The second jacket was meant to be a christmas gift to my father so i’m pretty gutted. 
Where do I stand? 

Thanks.

powerful_Rogue

r253p said:

Hi,
I ordered a jacket from an online store which offered a BOGO free deal. I selected both jackets and placed my order. My order and shipping confirmation show 2 jackets. Upon receiving my order, I only received 1 jacket. I contacted the company and asked for a refund or to be sent another jacket and they said that they were low on stock so decided not to send it, and since it was “free” they weren’t obliged to refund me. 
The second jacket was meant to be a christmas gift to my father so i’m pretty gutted. 
Where do I stand? 

Thanks.

Return the jacket you received for a refund.

user1977

Which "online store"?

Aylesbury_Duck

r253p said:

Hi,
I ordered a jacket from an online store which offered a BOGO free deal. I selected both jackets and placed my order. My order and shipping confirmation show 2 jackets. Upon receiving my order, I only received 1 jacket. I contacted the company and asked for a refund or to be sent another jacket and they said that they were low on stock so decided not to send it, and since it was “free” they weren’t obliged to refund me. 
The second jacket was meant to be a christmas gift to my father so i’m pretty gutted. 
Where do I stand? 

Thanks.

They're obliged to refund you because they didn't fulfil the contract.  However, they don't have to refund you until you send the jacket back.  Tell them you want to return the order for a full refund. I assume you haven't been wearing the jacket in the meantime?

I also assume this is a proper UK-based retailer and not some facebook-style drop-shipper from overseas? If it's the latter, then you're probably not going to get anything and I wouldn't spend more money sending the jacket you have back to wherever it was shipped from.

the_lunatic_is_in_my_head

Assuming this is a UK business they should either provide you the other jacket or the cost of buying it somewhere else.

Basic principle of contract law is the party suffering the breach should be in the position they would have had been in had that breach not occurred.

Where chasing this is worth it probably depends upon the value of the jacket and who the retailer was?

Okell

r253p said:

Hi,
I ordered a jacket from an online store which offered a BOGO free deal. I selected both jackets and placed my order. My order and shipping confirmation show 2 jackets. Upon receiving my order, I only received 1 jacket. I contacted the company and asked for a refund or to be sent another jacket and they said that they were low on stock so decided not to send it, and since it was “free” they weren’t obliged to refund me. 
The second jacket was meant to be a christmas gift to my father so i’m pretty gutted. 
Where do I stand? 

Thanks.

Did the terms of the offer not say it was "subject to availability" or similar?

They aren't going to refund you unless you return the jacket you have, and they aren't going to send you a second jacket for free.

In order to clarify your return rights:

(1)  who is the retailer?

(2)  when did you receive the jacket?

Alderbank

Does the site look like this?


https://www.uehdspecial.shop/?path=page/ggitem&ggpid=4979726

There are lots of these Shopify sites on the Internet.

How did your father react when you told him he was on Santa's naughty list?

TELLIT01

I can't follow the link as Norton suspects it of being a fake site.

As has been said by others, has the OP checked the T&C of the site.  Often this kind of offer is dependent on availability of stock.

the_lunatic_is_in_my_head

A company can’t say BOGOF, invoice two items and then say oh sorry it was subject to availability you only get one.

The only way they could do this is to form acceptance at a later time and withdraw their offer before a contract is formed if no availability.

OP is entitled to the jacket or it’s value, assuming a UK company.