In-Practice

Searchable scenarios to help bring the law to life.

Use the filters below if you would like to narrow down the list of what you're looking for.

Free gifts received with purchase

 

We’ve decided to provide our customers with a free gift when they purchase from us online. Right now we are developing the terms and conditions for this promotion. I want to ensure that if a customer cancels their order, they are obligated to return the free gift as well as the purchased item. Is this covered under the Distance Selling Regulations (DSRs) at all? What should I do?

 

Q: We’ve decided to provide our customers with a free gift when they purchase from us online. Right now we are developing the terms and conditions for this promotion. I want to ensure that if a customer cancels their order, they are obligated to return the free gift as well as the purchased item.

Is this covered under the Distance Selling Regulations (DSRs) at all? What should I do?

A: This depends on the terms you put in your contract, so it is good that you are developing these now. If your customer expects and agrees to receive the free gift at the time of concluding the contract, then you can also contractually require the return of the free gift in the event that the contract is cancelled. Therefore, highlight and make this point very clear within your contract and ensure that your customer has agreed to receive the free gift on this basis.

If this is not done, they can treat the gift as unsolicited and can keep it as though it were an unconditional gift unassociated with the purchase.

  • PDF - for office printing, saving or emailing Download
  • Word - for copying and pasting Download

< Return to list