Marketers may want to entice new customers to their product or service by offering a “free trial”. But before you send out the offer, there are some Dos and Don’ts you should consider to avoid your “free trial” becoming a trial:

DON’T
Charge anything other than the true cost of delivery when offering a “free trial”. That means you can charge the genuine un-inflated cost of postage only. You are not allowed to charge for anything else when offering a free trial, even if the charge is stated in the ad, and that includes packing, handling and administration charges. If you want to charge more than the postage you can still offer the product – “Try our wonder widget for only £9.99 today” – but must not call it a “free trial”.

DO
Make the extent of the consumer’s commitment clear. If consumers need to cancel within a particular period to avoid being charged that should also be stated prominently. Hiding this information at the bottom of the webpage, in terms and conditions or in smallprint is not acceptable. Getting consumers to tick that they “agree” with the terms and conditions is also insufficient. The cancellation period must still be stated clearly in the ad.

DON’T
Describe any offer that involves a non-refundable purchase as a “free trial”. That includes offers such as “Buy one, get one free” (BOGOF). If the consumer has to pay upfront, and will later be refunded the cost of the product or service, this should also be prominently stated.

DO
Make any exclusion to the offer clear. If not all of your products or elements of your service are included, take care not to imply that they are.

DON’T
Use the term “free trial” to describe “satisfaction or your money back” offers.

DO
Make sure that you hold evidence to support any claims in relation to the free trial. If you state that that the number of free trials is limited then make sure that is actually the case, and that you have made a reasonable estimate of the likely demand and are capable of meeting it.

Further advice on “free trials” is set out CAP Advice entries on Sales promotions: Free trials and Sales promotions: Free.


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