Cheeky selling tactics

[holymoly]

Hi all,

I recently brought a mobile phone for christmas which came with a 'free' bluetooth headset. The phone is supposed to come with a memory card which was not present with the phone. I have looked into the matter with both the retailer and manafacturer and think that the retailer has removed the memory card to make up for the cost of their 'free' bluetooth headset.

Very cheeky I think. Are they really aloud to do this, does this not constitute some sort of theft?

Holy.

[Lula]

if the item should have something with it and it doesnt, the seller should supply it, it doesnt matter whether something extra comes free with it or not

[holymoly]

Thanks for your reply Lula, but have they broken any laws/acts/regulations by removing items from the box?

I just need some ammo for when I actualy write and complain.

[blitz]

It depends how it was advertised (with the card or not), and what it says it comes with in the box.

[gyzmo]

If it does not come as described, or it was not agreed that some alteration to the contents would be made, then you will be looking at s.13 of sale of goods act (sale by description). I don't know how they can say it is "free". That implies that it is given without any consideration on your part. They have made a deduction and so the bluetooth has effectively cost the price of the memory card. I would ensure firstly that there was no option stated (free headset OR memory card), that the product is supposed to come with the memory card and that you did not agree to the removal of the card. If all the above are met, then there has been a breach of s. 13 and you can demand that either the card be given or the cash price of obtaining one.

[holymoly]

Thanks for your replies.

The company in question, as with many other companies have simply put a sleeve over the original box. It only mentions the 'free' bluetooth headset on the sleeve. It is stated in the phones manual that the phone comes supplied with a memory card and I confirmed this with the phones manafacturer.

Breach of section 13 it is then.

Thanks all.

Holy.