Free gifts with mobile phone contracts questions

[Workaholic]

Got a quick query for you guys:

over all these so called great mobile phones offers such as cashback, a newer (and seemingly better) incentives to buy sometimes pop up and these are free gifts. E2save as one company do them but also attach a message in the T+Cs regarding this.

You will receive your selected product 28 days after receipt of your phone subject to stock availability.

Now the question is....
If they are OOS, do they say:
1) Sorry but we are out of stock and in accordance to the T+C you won't get one.... OR
2) Same as above, but whenever they arrive back into stock we shall sent you one....

And what's the legal obligations of that particular phrase.

There's a reason I'm asking which shall be reveal once I have some views.

[digit]

I reckon what will happen is they will wriggle there way out of it, and use option 1 as the get out clause. Something along the lines of "Your *insert item name here* was not available in the 28 day time period, therefore as per the T & C's you will not recieve the free item"

[Spud1]

The way I read it is that it is the time that is subject to availability - ie if its out of stock on the 28th you might have to wait until the 30th day or similar.

The reason they will have that 28 day delay in is to prevent you taking out the contract, getting the free stuff and then returning the phone. It really depends on how the offer itself is worded, and what the rest of the terms say

[Workaholic]

Unfortunately I cannot find anything in the actual T+Cs regarding free gifts at present and instead that quote above was obtained by clicking on the (i) button...

[Theo]

I recently entered into a contract such as this with Dial-A-Phone. There was a clause in my contract saying that I had 7 days to return the phone, so as far as I was concerned. I would receive the free Xbox 360 between the 7th and the 28th day.

I received it on the 24th, which I was very happy about.

Obviously, I got gipped, as far as the comparative cost of an Xbox 360 goes to how much I'll be paying on my contract. However, I'm not bothered - I've got everything I could ever have wanted from the deal, so I'm quite happy.

[mightymouse]

typically what that means is that if they do not have that particular model in stock then they will usually offer you something equal or greater. at least that is what they always do, of course there are some who will weasel their way out. but so far e2save have been quite good about all the gifts, i've been using them for 4 years now.

[Workaholic]

Well what's happened is that:

in Feb I bought a contract with e2save which was advertised as coming with a free pair of SE speakers. As with older T+Cs they say that this gets sent 30 days into the contract to make sure that you don't leave. After that they say that they will take another 28 days to deliver but recently I've realised that I've still not got this so I gave them a ring.

Firstly the guy denied that there was even this offer and so I scanned in my order confirmation and emailed him that. Afterwards he called me back and said that after chatting with his manager, they have never even had this in stock and have no plans to restock either...
As per the T+C of whilst stocks available, they will NOT be sending me any and told me to read the T+C to find out exactly where it said this before hanging up.
In another 2 days I've be giving them another call and then mentioning Trading Standards to see what they say and do...