free gift i never got

[drew123]

hi

i bought a jacket off the internet, and it said there was going to be free gift worth £22.99,when the jacket came there was no free gift, and the jacket was to big,so because i was sending it back i never bothered about not receiving the free gift,they are now refusing to refund for the jacket until i return the free gift i never got, i have told them this but they said the scan of my order shows it was,where do i stand ???

[perplexity]

With a distance contract the burden of proof is prescribed by recital (22) of the EU Directive 97/7/EC:

 

(22) Whereas in the use of new technologies the consumer is not in control of the means of communication used; whereas it is therefore necessary to provide that the burden of proof may be on the supplier;

Furthermore, if the intention of the consumer is to cancel the contract, the right to do so is unconditional, in order to be entitled to a refund.

 

A supplier's attempt to rather persuade a buyer that there is no right to a refund before the goods are returned is tantamount to a strict liability criminal offence, because of the The Consumer Protection from Unfair Trading Regulations 2008 .

 

8-)