Freebies with sales
Submitted by tonihowden on Mon, 14/03/2011 - 21:18
I recently bought a sofa and when going through the sales transactions was given details about the free holiday available to me for spending over £1000 with the company. The manager got me to sign the paperwork so that the company can pass my details onto the holiday company. I did not get my voucher from the company correctly and called them back and was told I could go in to pick up and just to make holiday booking giving my customer ref number. But now that I am trying to book the holiday I was advised that this was a mistake and the computer system will not allow me to get this offer. As this incentive was given to me before I finalised the transaction - where do I stand? This all took place in Scotland.
I dont know if it is diffrent
I dont know if it is diffrent in scotland, but in england it looks like contract law. You payed for a couple of products for a agreed price. You paid and the contract was not complete on their part. You can therefore get the sofa's sent back to them and they have to accept them back. best to call head office first and explain their breach of contract and wait for more replies on here.
Ignore the above comment from
Ignore the above comment from alistair.long, it's wrong (again).
Scottish law is somewhat different to English law, so you are probably best off making a call to a local lawyer or law centre and asking for assistance there. As far as I am aware there are no Scottish lawyers currently posting on this site, though someone may come along and be able to answer the question for you.
In England, the fact that you were offered something 'free' would only be an inducement if it was a material fact that you relied on to enter into the contract (i.e. if you would not have bought the sofas but for the offer of the free holiday - which is reasonably unlikely when push comes to shove, but may be the case - and if so, you have the same sale of goods rights over the free item as you do over the purchased item, in other words they would have to give it to you) - but that is English law, and Scottish law may be different, so as indicated, it would be best to find advice from those in the know.
I agree with Blueview but as
I agree with Blueview but as this forum as presently constituted can only give advice on the law in England and Wales you should take advice from someone with knowledge of the law in Scotland.