free product

[grspartan]

My question is whether product that is given out free and/or at a heavy discount can be then reclaimed. The situation is this, in Michigan there was a company that advertised phones for free or at a heavy discount. There was no contract signed and furthermore the phones were then resold to another store at a profit for the customer. The original store now seems to think that because the phones were not purchased for the intent of using them that they are entitled to the actual cost of the phones, as well as moneys that they were to have earned from commissions, advertising co-op, etc. My question is, without a contract or any legal binding saying what a customer can and can not do with these phones.

 

[I AM ALWAYS LIABLE]

My question is whether product that is given out free and/or at a heavy discount can be then reclaimed. The situation is this, in Michigan there was a company that advertised phones for free or at a heavy discount. There was no contract signed and furthermore the phones were then resold to another store at a profit for the customer. The original store now seems to think that because the phones were not purchased for the intent of using them that they are entitled to the actual cost of the phones, as well as moneys that they were to have earned from commissions, advertising co-op, etc. My question is, without a contract or any legal binding saying what a customer can and can not do with these phones.

My response:

This must have been a "Mom & Pop" type store.

When a person, store, company, corporation, or otherwise, gives something away for free or at "a heavy discount", and without benefit of some sort of contractual arrangement, the mere transfer of the item confers ownership to the receiving person. That person then has all rights and title to the goods, to do with as he/she so chooses.

Once ownership has been conferred and transferred, there is no duty or obligation to then, or thereafter, enter into an agreement different than the original terms - which was, "We love you so damned much; here, have a telephone!"

In other words, go tell 'em to go fly a kite.

IAAL