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Am I entitled to the free gift from my phone contract?


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I got out a Carphone Warehouse contract on 14th of December 2017 after much haggling over prices. I called back after ordering it to find out if I am entitled to the free gift as I realised it wasn't mentioned when I took out the contract on the phone. I was assured I would get one sent with the Samsung phone (Free Samsung Gear VR offer).

 

When the phone arrived, no free gift. I called up and was given a link to Samsung gift page to redeem the gift, I tested this out on the phone and the link was expired back in November and I told them this. They then told me it would be sent out on 28th (2 weeks after my contract started). It's been over 4 weeks and no sign of it and the offer has now changed to a watch instead.

 

Do they legally owe me this free gift? Or is it their discretion whether or not I should receive it? I factored it into the price of the contract when choosing between two companies. I feel that they have intentionally been fobbing me off just to push me past the 14 day cooling off period.

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Hi Joey JoeC, I believe that Carphone Warehouse have a legal obligation to sending you the free gift as part of the contract that they offered you to get you to sign the contract.

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Ah thanks. I wasn't 100% sure as I took the contract out on the phone where the gift wasn't mentioned, although they did confirm it later that day after I already agreed to the contract.

 

I called them and they can see that I've called "numerous amounts of times", and can see I should be getting one. I spent literally 6 minutes on hold, and then was told they're looking into it, and to expect to hear from them in 4 days.

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4 days was today, still haven't heard anything! I'll call tomorrow and demand to be credited the £120 (as per what EE told me to do) or for confirmation that the gift is being posted.

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With the free gifts from these phone and tv contracts i have had,i have usually had to wait and claim them after having paid a number of months of the contract.I do not know if yours is the same sort of contract.

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free gifts are part of the contract as they make up part of the terms you considered when accepting the offer. In legal terms it isnt a free gift so all of your consumer rights apply. That means you are entitled to receive what you were offered ( you are very vague on this point so do tell us what it was for more pointed advice) and that it must work etc.

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