Free product not available

bb999

I bought an item for my niece for a Christmas present which came with a free gift.

However, at the time of purchase the free gift was out of stock so I was given a receipt to collect it within 2 months.

I went to collect it today for my daughter to give her friend as a birthday present, but was told that it was no longer available.

I asked for an alternative and was told I could not have anything and that as it was a free gift it is basically hard luck that it is no longer available.

My argument is that the decision to buy the main item was influenced by the offer of a free gift and therefore the free gift becomes part of the contract - but when I tried explaining that to customer services they just kept telling me to bring the original item back for a refund, which is obviously not possible because it has been given as a present.

Any advice?

djb215

Unfortunately it is just hard luck really. The only thing you could try is going to an Argos and asking them if they will refund some of the cost of the item as some form of discount (i.e. on a gift voucher). You could only try but as I say all the time, the decision of the duty manager overrides any of those offered by the customer service advisor.

char_student

There was another thread on the argos board about a my little pony "breezies parade" free gift.

Argos apparetly told someone on there they would give them a voucher to the value of the free gift (which was £9.99)

What did you buy?

Heres the link:

http://forums.moneysavingexpert.com/showthread.html?t=641607

bb999

Thanks char_student.

Yes it's the same item!

I tried searching before posting this thread but obviously did not do a good enough job!

As people on the other thread have said, it's more about the principle than the toy being any good. The fact is the offer of a free gift influenced my decision to buy and so I believe it forms part of the contract.

I will try Argos again and then ring Consumer Direct for some advice.

miapops

I had the same problem, and I bought mine not long after the catalogue came out! The manager at my store waived the 2 month restriction and I eventually got hold of one just before xmas. I'm guessing unless you are lucky to find a store which has one, they probably won't get any more with a new catalogue out soon. I did argue though that nowhere in the catalogue does it state that the item is subject to availability ( or on the website ), so surely it was their responsibility to ensure that they had sufficient supplies to go with all products in the range over £19.99. As it's not detailing it as subject to availabilty do you think a call to trading standards office worth a go?

Pound

I think it really depends on whether you were informed that the free item was subject to availabilty. If they told you at point of sale then that forms part of your contract with Argos so you have no come back if the item never comes back into stock.