Consumer Protection from Unfair Trading Regulations 2008

Does the title act offer me any protection in the following situation?

I ordered and received a cycle by online purchase from a UK company. In the web-site description of the cycle ordered, there was a reference to the provision of free additional items (a light set, water bottle and pump). In the terms and conditions it stated that the provision of the free items was subject to availability. The reason I chose to order with this supplier was on the assumption that the free items would be supplied; the alternative was a similar (but different) cycle from a different supplier, at a price £10 less but not offering any free items.

When the cycle arrived there were none of the free items included. When I rang the firm, I was advised that there was no availability of the free items, and that as their provision was subject to availability, my only recourse was to return the cycle at my own cost (~£20) and that a £30 deduction for the original delivery costs would be charged in making any refund.

Clearly the value of 'free' items does not exceed the potential costs covering delivery and return.

Can I claim that because their offer of the free items induced me to enter into the purchase contract, but their terms and conditions, that the free items were subject to availability, are unfair? If it is unfair, who would determine that, and what are my options? Can I:


Thanks in anticipation.

Thanks for your input Tony.

To be fair to the company, when I rang yesterday I was only able to speak to someone working in the workshop and he did advise that I ring back after Tue when the office would be manned. The issue of being charged shipping costs for a return was based on my reading of the terms and conditions that he refered me to. On re-reading those T&Cs, it is possible that the reference to being charged £30 for the delivery costs refers to returns after the initial 7 day cooling off period (although it doesn't clearly state this).

After discussion with my wife, we have decided to accept the cycle (it is a birthday present for my daughter, and I would struggle to get an equivalent cycle in time for her birthday in a few days). I have emailed the company to suggest they might like to forward me the missing free items when they come into stock. Depending on their response, I may complain to Trading Standards about whether the company's free items offer is unfair.

Hi Chutzpah, thanks for your comment.
From a practical point of view, I struggle to believe that an on-line retailer who offers such a wide-range of cycles and accessories, would run out of all available free items. If they had included a water bottle and a pump, or a light-set and a pump, etc, then I could readily accept that their 'free' offer was genuine. To not provide any free items makes me question whether anyone ever gets such free items. Accordingly, to offer the free items is undoubtedly an inducement to trade, but their caveat about 'subject to availability' (or apparent legal get out when not supplied), strikes me as an unfair condition.