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Understanding gift-giving to customers

If you use the promise of free gifts to attract customers, be aware of the legal ramifications.

If your promotion states that every purchase receives a gift, it is unlawful conduct to refuse to give a customer the gift upon purchase.

If gift numbers are limited, you must indicate this on promotional material and inform customers prior to purchase that gift supplies have run out.

The gift must also be appropriate to the purchase. You cannot offer a free bottle of wine for every purchase of a toy, for example, as a child purchasing the toy may not have the legal right to claim the wine due to age restrictions.

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