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"Free Gift."

"Free Gift."

Postby Hairyloon » Thu Feb 16, 2017 6:14 pm

If an item (for example a magazine) is sold with a "gift", does the "gift" come under the customer protection legislation, or is it exempt because they call it a gift?
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Re: "Free Gift."

Postby atticus » Thu Feb 16, 2017 6:19 pm

In what way? Do you mean fitness for purpose etc or have you product safety in mind?

I have little doubt the latter will apply. Good luck suing if your magazine freebie falls apart after 30 seconds.
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Re: "Free Gift."

Postby diy » Thu Feb 16, 2017 6:19 pm

included as it was part of the deal
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Re: "Free Gift."

Postby shootist » Thu Feb 16, 2017 6:23 pm

Try telling the shop that you don't want to buy the magazine but you'll help yourself to the free gift.
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Re: "Free Gift."

Postby Hairyloon » Thu Feb 16, 2017 6:30 pm

atticus wrote:In what way? Do you mean fitness for purpose etc or have you product safety in mind?

Both.

I have little doubt the latter will apply. Good luck suing if your magazine freebie falls apart after 30 seconds.

Why so? Apart from being more trivial than they would want to deal with.
It is a question of legal principles, not one of seeking advice of what to do about it.
What if the magazine was one aimed at small children and the gift broke in such a manner as to cause choking?

shootist wrote:Try telling the shop that you don't want to buy the magazine but you'll help yourself to the free gift.

There was a couple did a stint of that as part of some comedy show on TV.
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Re: "Free Gift."

Postby shootist » Thu Feb 16, 2017 6:37 pm

Hairyloon wrote:What if the magazine was one aimed at small children and the gift broke in such a manner as to cause choking?


Then Trading Standards should, if you can wake anyone up there, take immediate action against the publisher and possibly the shop.
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Re: "Free Gift."

Postby diy » Thu Feb 16, 2017 6:42 pm

My suggestions are not legal advice
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Re: "Free Gift."

Postby Hairyloon » Thu Feb 16, 2017 6:50 pm

diy wrote:http://www.bgja.org.uk/wp-content/uploads/2014/02/Hall-Smith-Regulation-of-Sales-Promotion-in-the-UK-May-20031.pdf

seems thorough.

Fairly thorough, but not, so far as I can find, including the subject in question.
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Re: "Free Gift."

Postby atticus » Thu Feb 16, 2017 7:45 pm

The shattered toy is potentially a product safety issue.
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Re: "Free Gift."

Postby dls » Fri Feb 17, 2017 4:58 pm

I think it will be covered. It is part of the transaction.
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