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1. I state on my website that I will offer free samples of my product, say 1/person, and someone finds this and posts a link in some chat rooms. The result is that I get flooded with requests for freebies from people who have no intention or interest in buying my product--do I have a legal obligation to send them free samples when they didn't go through my website?
Next: If during a promotion for my product with a stated time limit, I send out 600 samples of my product, and a month later I have a bunch of people claiming that the post office stole the sample out of their package, am I legally required to replace the "missing" samples long after my promotion is over?
Can anyone give me a legal opinion on this?
joined:Oct 25, 2005
I state on my website that I will offer free samples of my product, say 1/person, and someone finds this and posts a link in some chat rooms. The result is that I get flooded with requests for freebies from people who have no intention or interest in buying my product.
A little OT, there are a few freebies forums out there and some people actually make money by posting to those forums.
A couple of years ago one of my clients who offers free samples had a barrage of free requests one day (250+). We tracked 240 of those back to a posting in a freebies forum. After reading the post from the original poster, we had to step in for the client and post a disclaimer.
The original poster claimed that they received their free product and that the promotion extended to everyone. Well, that was not true. The promotion applied to those with a business. Also, we checked the records and the person who posted the topic never did place a free samples order. They just read what was on the introduction page for the free samples. :(
Needless to say, there were 240 people who did not get free samples. You have no obligations when offering a free product, none whatsoever other than shipping it out the door based on the consumers request. Once it ships, your only obligation is really to follow up with the consumer. :)
Write up your TOS and then get an attorney to make sure everything is iron clad.