Advertisment
The advertisement was an email advertisement for Carraig Donn for a flash sale offering “20% Off Everything*”. The asterisk linked to the following text: “T&C’s apply. Full price stock only. Exclusions apply. Valid until Monday 30th”
Complaint
The complainant said that they had spent a considerable amount of time adding items to their online cart only to be informed at checkout that the discount did not apply to many of the items. The complainant believed that ‘Everything’ should mean a discount off ‘Everything’ without exception.
Response
The advertisers responded that the reference to the terms and conditions and the limitations on the promotion appeared in a black box along the bottom of the advertisement. They conceded that the text size was smaller, but they believed this was acceptable as a normal design practice. They also believed that the use of the term “Everything” was also an “industry norm” for ecommerce flash sale events. They said, independent of any customer feedback on the issue, they had changed the wording of their advertisement to “20% off Almost Everything*”. They sent the Executive a link to their terms and conditions which they said were live all the time. They apologised that the customer was unhappy.
Conclusion
Complaint Upheld.
The Complaints Committee considered the detail of the complaint and the advertisers’ response.
The Committee noted the advertisement had stated “20% off everything” and had included a statement that exclusions applied. In this case the Committee considered the use of absolute claims when exclusions applied was misleading and therefore was in breach of Sections 4.1, 4.4, 4.6 of the Code.
Action Required:
The advertising should be amended and not run again in its current form. The Committee reminded advertisers that absolute language such as “Everything” must not be used in marketing communications when exclusions apply.
