Quizzes & Puzzles24 mins ago
Free Gift
7 Answers
I ordered two items separately from a catalogue. I had an email to say a free gift was on its way. That arrived, it was a blanket with a teddy bear attached to it, I also received an email to say another free gift of a casserole dish was on its way. Received first item I ordered. Too small so I have arranged to have it returned tomorrow. What do I do regarding free gift?
I do not have packaging. Do I have to send the blanket back. Or does that's relate to second item I ordered.
I do not have packaging. Do I have to send the blanket back. Or does that's relate to second item I ordered.
Answers
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If a nominally 'free' item is advertised as coming with a paid-for one, then the pair 'go together'. e.g. If an offer says "Buy this bed and get a free mattress", anyone returning the bed would be obliged to return the mattress too.
However if a free gift 'comes out of the blue', the two items don't 'go together. i.e. if, when you placed your orders, you'd no reason to expect that you'd be getting any free gifts, the existence of any such gift can't have formed any part of your contract with the retailer, so you're not legally obliged to return it when you return the item you ordered. (If someone sends you a completely unsolicited item, they can't expect you to pay for it. Neither can they expect you to return it unless they provide you with the means of doing so at their own expense).
If a nominally 'free' item is advertised as coming with a paid-for one, then the pair 'go together'. e.g. If an offer says "Buy this bed and get a free mattress", anyone returning the bed would be obliged to return the mattress too.
However if a free gift 'comes out of the blue', the two items don't 'go together. i.e. if, when you placed your orders, you'd no reason to expect that you'd be getting any free gifts, the existence of any such gift can't have formed any part of your contract with the retailer, so you're not legally obliged to return it when you return the item you ordered. (If someone sends you a completely unsolicited item, they can't expect you to pay for it. Neither can they expect you to return it unless they provide you with the means of doing so at their own expense).