Warranty for "free" gift

[Speck1965]

Hi,

 

Recently I purchased an air compressor from an online store for £200. With this compressor they offered a "free" 5 piece accessory kit. One of these items was a tyre inflator/pressure gauge and this has now become faulty.

I have contacted them to ask for a repair or replacement and they have informed me that as it was a free item then there is no warranty and they are under no obligation to deal with it.

 

How do I stand legally? Although they call it "free" it is not really free as I had to buy a £200 item in order to get it.

 

Many thanks guys.

[ericsbrother]

They are talking utter cobblers. You bought a compressor and tool kit. That is what the law says, they wouldnt send you a free tool kit when you asked for a replacement so it isnt free, it is part of the contract you entered into when you made your purchase.

This is a textbook A level law question, are you sure that this isnt me answering your homework questions?????

[dx100uk]

stil covered by soga.

 

 

this also applies as it was brought online.

[Speck1965]

Thanks guys, you have confirmed what I already suspected.

[Speck1965]

Bit of an update......

 

Explained to the company that the item should be warranted and they have asked me to send it to them so that they can examine it.

Email conversation went thus:

 

Company - Please can you return the faulty inflator to us so we can take a look, we can then either repair or replace the item for you.

Please enclose your name and address in the item so we can tally it up with your order on our system.

Kind regards

 

Me - Ok but in the case of faulty items the return cost is down to you. I will package it for you FOC but you will need to arrange pick up or provide a free post label

Thanks

 

Company - As per our ebay, we have a 14 day return policy. As you have had the item over 14 days it is up to you to return the item at your cost for warranty repair.

Once we receive the item it will be checked. Should it be found to be faulty, we will replace the item. If it is not faulty we will have to charge you to…

 

Me - Your terms do not override the Sale of Goods Act, Distance Selling Regulations. There cannot be a cost incurred to me as a result of you supplying faulty goods. Please refer to the aforementioned act if you require clarification.

 

Company - We will send you out a pre paid label as a gesture of good will.

 

Me - Thank you, but it is not a gesture of goodwill, it is your legal duty.

 

 

So thats where it was left. Now I am wondering if the company will try to pull a fast one by saying the item is not faulty and will then try to charge me for returning it?

The item is definitely faulty, it leaks air so badly that more air comes out the tyre than goes in.

With regards to my comments, am I factually correct?

 

Thanks

[dx100uk]

perfect/

 

 

dx