Unsolicited free gift discounted from refund

setphaserstofun

I had pre-ordered an Asus Xbox Ally X from Asus UK for £799 via a Mastercard credit card but come release day (16/10), the item was not delivered. I spoke to customer services who informed me that it wouldn't be delivered until November.
In the mean time, Currys had the item in stock so I had bought and collected another from them but before I could cancel my Asus UK order the item dispatched on 29/10 and delivered on 30/10.
Once it arrived, I arranged a refund through Asus UK support on 3/11. Possibly key here is my email from Asus CS is the line "The unit must be boxed back, as received, in original Box & internal packaging". Unexpectedly, I had a DHL delivery on 7/11 of a Asus Gaming Charger Dock with a Asus UK invoice inside, showing the original XAX with its full cost and this item with a value of £0.00.
I sent the item back on 12/11 via recorded and signed for delivery, and on 17/11 I received a refund for £740.
I phoned Asus CS on 20/11 when I found this on my credit card statement and they informed me that I had purchased a pre-order bundle, and a full refund is dependant on me returning the charger dock. I informed them that I didn't order a bundle, but they were insistent and when asked for details they said it was all in the terms and conditions I agreed to at purchase. When asked for them to provide this to me in an email they sent me:

"If you would like for us to refund the remainder of the amount, we would have to receive the Dock back from you too. 
This is as the item is considered a Gift, and free of charge for our clients, only if they keep the main device paid for when placing the order with us.
Please find our T&C page here too: <URL removed, but first hit in a search engine for 'asus uk terms and conditions'>

I quote: "Free Gifts With Purchase

If your order included any free-of-charge promotional items or gifts, these must be returned to us in their original condition when exercising your right to a full refund under our Returns Policy.

If any free items are not returned, we will be unable to issue a full refund. In such cases, a partial refund will be provided, minus the value of the unreturned items."

Please note, our T&C are agreed on and accepted by you when you had originally placed the order with us via the website."

I responded with an email stating that the bundle or promotional item wasn't shown at time of purchase (which it wasn't - the invoice downloadable on my account and my email order confirmation clearly only shows a line item of the handheld with no bundle or free gift mentioned), generic T&Cs can't impose undisclosed financial obligations, and if a gift wasn't disclosed it's considered unsolicited. I asked for the remainder of the refund, or documented evidence

I believe my legal standing is correct with my reply to them? That was sent on Thursday last week and I'm going to wait until Wednesday send another email then the end of the week before taking any action. What I'm most unsure is if they do not respond, should I be looking at a chargeback or a section 75? The full item price is above £100, but the remainder of the refund is under.

Any advice would be greatly appreciated!

outtatune

Send back the stuff that doesn't belong to you.

setphaserstofun

outtatune said:

Send back the stuff that doesn't belong to you.

At my own cost? I didn't order it or know it was arriving, and I had already raised the refund request prior to it being delivered. I paid for the return of what I ordered, but should I pay for the return of what I didn't?

Grumpy_chap

setphaserstofun said:

I had pre-ordered an Asus Xbox Ally X from Asus UK for £799 via a Mastercard credit card but come release day (16/10), the item was not delivered. I spoke to customer services who informed me that it wouldn't be delivered until November.
In the mean time, Currys had the item in stock so I had bought and collected another from them but before I could cancel my Asus UK order the item dispatched on 29/10 and delivered on 30/10.
Once it arrived, I arranged a refund through Asus UK support on 3/11. Possibly key here is my email from Asus CS is the line "The unit must be boxed back, as received, in original Box & internal packaging". Unexpectedly, I had a DHL delivery on 7/11 of a Asus Gaming Charger Dock with a Asus UK invoice inside, showing the original XAX with its full cost and this item with a value of £0.00.
I sent the item back on 12/11 via recorded and signed for delivery, and on 17/11 I received a refund for £740.
I phoned Asus CS on 20/11 when I found this on my credit card statement and they informed me that I had purchased a pre-order bundle, and a full refund is dependant on me returning the charger dock. I informed them that I didn't order a bundle, but they were insistent and when asked for details they said it was all in the terms and conditions I agreed to at purchase. When asked for them to provide this to me in an email they sent me:

"If you would like for us to refund the remainder of the amount, we would have to receive the Dock back from you too. 
This is as the item is considered a Gift, and free of charge for our clients, only if they keep the main device paid for when placing the order with us.
Please find our T&C page here too: <URL removed, but first hit in a search engine for 'asus uk terms and conditions'>

I quote: "Free Gifts With Purchase

If your order included any free-of-charge promotional items or gifts, these must be returned to us in their original condition when exercising your right to a full refund under our Returns Policy.

If any free items are not returned, we will be unable to issue a full refund. In such cases, a partial refund will be provided, minus the value of the unreturned items."

Please note, our T&C are agreed on and accepted by you when you had originally placed the order with us via the website."

I responded with an email stating that the bundle or promotional item wasn't shown at time of purchase (which it wasn't - the invoice downloadable on my account and my email order confirmation clearly only shows a line item of the handheld with no bundle or free gift mentioned), generic T&Cs can't impose undisclosed financial obligations, and if a gift wasn't disclosed it's considered unsolicited. I asked for the remainder of the refund, or documented evidence

I believe my legal standing is correct with my reply to them? That was sent on Thursday last week and I'm going to wait until Wednesday send another email then the end of the week before taking any action. What I'm most unsure is if they do not respond, should I be looking at a chargeback or a section 75? The full item price is above £100, but the remainder of the refund is under.

Any advice would be greatly appreciated!

Simples.
Return the charging dock.

the_lunatic_is_in_my_head

S75 covers you as the item was over £100, so by all means speak to the bank.

If they sent you something separate for free I'm not 100% sure where this stands, usually unsolicited goods are those send with a demand for payment but equally if you didn't order it and it wasn't a mistake then is it unsolicited?

If you didn't order it and it isn't viewed as unsolicited then perhaps involuntarily bailee would apply and they should collect the extra item. 

Their terms say

https://uk.store.asus.com/terms-and-conditions

2 |Free Gifts With Purchase

If your order included any free-of-charge promotional items or gifts, these must be returned to us in their original condition when exercising your right to a full refund under our Returns Policy. If any free items are not returned, we will be unable to issue a full refund. In such cases, a partial refund will be provided, minus the value of the unreturned items.

I'm not sure if that's enforceable when exercising the right to cancel in accordance with the CCRs and the free gift wasn't part of the contract. 

If the "free" item was part of the contract they'd clearly be entitled to it as cancelling the contract would return everything to where it was. 

 
If your account of events is correct, it seems an awkward way for them to do business by randomly sending unannounced free gifts.

screech_78

Oh dear. This isn’t unsolicited. 

visidigi

setphaserstofun said:

I had pre-ordered an Asus Xbox Ally X from Asus UK for £799 via a Mastercard credit card but come release day (16/10), the item was not delivered. I spoke to customer services who informed me that it wouldn't be delivered until November.
In the mean time, Currys had the item in stock so I had bought and collected another from them but before I could cancel my Asus UK order the item dispatched on 29/10 and delivered on 30/10.
Once it arrived, I arranged a refund through Asus UK support on 3/11. Possibly key here is my email from Asus CS is the line "The unit must be boxed back, as received, in original Box & internal packaging". Unexpectedly, I had a DHL delivery on 7/11 of a Asus Gaming Charger Dock with a Asus UK invoice inside, showing the original XAX with its full cost and this item with a value of £0.00.
I sent the item back on 12/11 via recorded and signed for delivery, and on 17/11 I received a refund for £740.
I phoned Asus CS on 20/11 when I found this on my credit card statement and they informed me that I had purchased a pre-order bundle, and a full refund is dependant on me returning the charger dock. I informed them that I didn't order a bundle, but they were insistent and when asked for details they said it was all in the terms and conditions I agreed to at purchase. When asked for them to provide this to me in an email they sent me:

"If you would like for us to refund the remainder of the amount, we would have to receive the Dock back from you too. 
This is as the item is considered a Gift, and free of charge for our clients, only if they keep the main device paid for when placing the order with us.
Please find our T&C page here too: <URL removed, but first hit in a search engine for 'asus uk terms and conditions'>

I quote: "Free Gifts With Purchase

If your order included any free-of-charge promotional items or gifts, these must be returned to us in their original condition when exercising your right to a full refund under our Returns Policy.

If any free items are not returned, we will be unable to issue a full refund. In such cases, a partial refund will be provided, minus the value of the unreturned items."

Please note, our T&C are agreed on and accepted by you when you had originally placed the order with us via the website."

I responded with an email stating that the bundle or promotional item wasn't shown at time of purchase (which it wasn't - the invoice downloadable on my account and my email order confirmation clearly only shows a line item of the handheld with no bundle or free gift mentioned), generic T&Cs can't impose undisclosed financial obligations, and if a gift wasn't disclosed it's considered unsolicited. I asked for the remainder of the refund, or documented evidence

I believe my legal standing is correct with my reply to them? That was sent on Thursday last week and I'm going to wait until Wednesday send another email then the end of the week before taking any action. What I'm most unsure is if they do not respond, should I be looking at a chargeback or a section 75? The full item price is above £100, but the remainder of the refund is under.

Any advice would be greatly appreciated!

So you already had the dock when you sent the console back. So the fact you have to now send the dock back, at your cost, is because you actually decided to not put it in the return you sent.

You had, from your own timelines, more than ample opportunity to include the dock in the return.

Presumably the deduction from your refund is the full dock price? I really hope you haven't been using the dock as otherwise you aren't going to be able to return it easily.

setphaserstofun

screech_78 said:

Oh dear. This isn’t unsolicited. 

Can you help me understand why this isn't unsolicited?

I purchased a single item, and I received a single item. Two weeks later I received an additional item. I did not know I was receiving this, ask to receive it, and is nowhere on any invoice.

visidigi

So it looks like it was a known offer

https://www.hotukdeals.com/deals/free-ps5999-charging-dock-with-rog-xbox-ally-x-for-asus-members-4690817

It looks like they have dispatched them to everyone with membership, given your original basket didn't have it, I guess thats how its happened.

https://www.reddit.com/r/XboxAlly/comments/1o9sab3/uk_asus_xbox_ally_x_pre_order_question/

Seems there was alot of info around about it for some to comment on it.

That's all well and good - the fact remains you had the chance to return it for the same cost as the console, thought you'd get away with it and now trying to prove it. The item was 0.00 because of the other item's cost - that does't make the dock 0.00 for someone who no longer has the original item.

visidigi

setphaserstofun said:

screech_78 said:

Oh dear. This isn’t unsolicited. 

Can you help me understand why this isn't unsolicited?

I purchased a single item, and I received a single item. Two weeks later I received an additional item. I did not know I was receiving this, ask to receive it, and is nowhere on any invoice.

setphaserstofun said:

I had a DHL delivery on 7/11 of a Asus Gaming Charger Dock with a Asus UK invoice inside, showing the original XAX with its full cost and this item with a value of £0.00.

Unfortunately you've made it pretty clear that it is on the invoice that the dock came with.

the_lunatic_is_in_my_head

visidigi said:

setphaserstofun said:

screech_78 said:

Oh dear. This isn’t unsolicited. 

Can you help me understand why this isn't unsolicited?

I purchased a single item, and I received a single item. Two weeks later I received an additional item. I did not know I was receiving this, ask to receive it, and is nowhere on any invoice.

setphaserstofun said:

I had a DHL delivery on 7/11 of a Asus Gaming Charger Dock with a Asus UK invoice inside, showing the original XAX with its full cost and this item with a value of £0.00.

Unfortunately you've made it pretty clear that it is on the invoice that the dock came with.

This is correct but reads as if they've given that to OP after they placed the order and received the Xbox Ally X. 

Sending something unannounced after the fact and tying it to a previous order doesn't mean it formed part of the original contract. 

If it was a known offer that was advertised and OP would be reasonably expect to know that the offer existed that could tie it together. 

Genuinely don't know where OP stands and it would be interesting to know.