Advertisment
The subject matter of the email read:
“Hurry Last chance to Save Sitewide”.
The email offered a discount code and featured images of three different beauty products. Two skin products and a shampoo. The text accompanying the images referred to the following:
“… 20% off SITEWIDE CODE… T&Cs apply. Some exclusions apply”.
Complaint
The complainant said it was misleading to state that there was 20% off products sitewide when exclusions applied, and it was also misleading to feature products that were not included in the offer.
The complainant provided a screenshot at checkout point which demonstrated that the shampoo depicted was not included in the offer.
Response
The advertisers said the products depicted were available as advertised but that the discount code had not applied to a very select few products, these products were on automatic discount (as marked) with a higher level of discount than that offered with the use of the discount code provided. The discount code had not applied to the already discounted products, and this, they said, had been outlined on their terms and conditions page.
The advertisers apologised for any upset the promotion had caused to the complainant and said they had since put secondary checks in place to ensure that confusion such as this does not happen again.
Conclusion
Complaint Upheld.
The Complaints Council considered the detail of the complaint and the advertisers’ response.
The Council noted that the 20% discount code did not apply to products that had already been discounted. However, they considered that consumers would understand a ‘sitewide’ claim to indicate that the discount code would apply to all products. In addition, they also considered that consumers would understand that if a particular product was depicted in the advertising, that the discount code would apply to it. As the discount code was subject to exclusions with the main headline being contradicted by the further information provided in small print, the Council considered the advertisement to be misleading and in breach of Sections, 4.1, 4.4 and 4.6 of the Code.
ACTION REQUIRED:
The advertising should be used in the same format again.
