Free gift advertised with a spend of > £150 - Not fulfilled

JoMel_3

Hi all

Thanks in advance!

I recently ordered from a website that offered a full size free gift for a spend of > £150. This was not fulfilled - long story short and many emails later, the latest response is as follows: 

"We’ve now been informed by our management team that this promotion officially ended in May. Apologies for any confusion caused — we’ll ensure the promotional details are promptly removed from the website.

If there’s anything else we can assist you with, please don’t hesitate to let us know."

My order was placed in May anyway so not sure what they are on about!! I have gone back to them again but just wondering if anyone can advise what my next steps should be please? There was no reference to terms and conditions on the advertising banner.

Many thanks 
Joanne

user1977

What's the website?

TELLIT01

Many of the 'free gift' type offers have the caveat of 'subject to availability' or 'while stocks last'.  Was there anything to that effect on that site?

sheramber

Does it say ‘while stocks last’ in small letters somewhere?

cw8825

Also what is the gift worth
and would you have spent the money anyway

if you have brought things you don’t want. Can you return them?

Aylesbury_Duck

If it formed part of the contract, you could cancel the contract and return all the other items...but if you've consumed or used them that will have consequences.

As above, you need to check the terms of the offer carefully first though.

the_lunatic_is_in_my_head

Did they specify what the gift was? If so you could buy it and sue for the cost.

Alternative maybe a 25% discount of the contract amount for a breach of the CPRs.

In terms of “subject to availability” or such this isn’t a free for all get out clause, adverts need to comply with the CAP code for advertising standards: 

https://www.asa.org.uk/rulings/france-media-ltd-A19-1029305.html

The CAP Code stated that promoters were responsible for all aspects and stages of their promotions. It also stated that promoters must conduct their promotions equitably, promptly and efficiently and be seen to deal fairly and honourably with participants, and avoid causing unnecessary disappointment. Promoters were required to award prizes as described in their marketing communications or reasonable equivalents. While the terms and conditions in the ad stated “In the event that a prize cannot be supplied, no liability will attach to France Media Group”, the Code made clear that phrases such as “subject to availability” did not relieve promoters of their obligation to do everything reasonable to avoid disappointing participants.

Report to ASA is another option but above assumes dealing with a legit UK retailer rather than someone in China with a drop-shipping website  

Newbie_John

Just return your purchase.

JoMel_3

Thanks everyone. 

Website was dermoi.com

no terms and conditions or small print next to advert for free gift

they have admitted that they didn’t have stock and the website banner was out of date

goods ordered were wanted and are in use,

Redress under misrepresentation act 1967?

cw8825

i cant see how you will be able to force them to uphold the offer or  that you have any claims for redress.

especially if you are using the products and wanted them anyway

sheramber

What loss have you suffered since you wanted the items you have received?

The 'free' gift did not cost you anything so you have not suffered a financial loss.

Your redress would be to return the order for a refund , but you cannot so that if you have used them.