Magazine free gifts.

[Jules001]

If a magazine offers a free gift as an inducement to get you to subscribe does the free gift form part of the contract. If so and they state a period of time when your free gift will be sent and they don't send it within that time period what action, if any, can you take?

[dzug]

The answer will be in the T&C but generally :

it's part of the contract - consideration for subscribing -

but there's usually a get out clause 'subject to availability' or at most reservation of the right to send a substitute gift.

Write/phone and ask them for it is the first step. They are not bound by the period stated unless in the contract time is stated to be of the essence (unlikely). It's possibly they are waiting deliveries.

[Jules001]

thanks, there are no T & C as such I got a written letter of confirmation of my subscription which said the free gift would be sent separately within 28 days of my order being processed. I have had the first issue of the magazine so see that as confirmation that my order has been processed. However when I rang to query the non delivery of the free gift, I was told " oh it's 28 working days and it is ONLY a free gift and it can't be re-sent, but they are in stock" It is now about a week over the 28 working days and I know other people are having this problem with the company. I only subscribed to this magazine for the free gift, it is a magazine I buy occasionally, but was tempted by the subscription offer.