Advertisment
The advertisement for a discount code was seen on a page of the advertisers’ website displaying a branded pair of high-rise skinny jeans for sale.
Text on the advertisement read:
“For one day only get 20% off this product with the code NOWORNEVER. Enter your code at checkout NOWORNEVER”.
Complaint
The complainant said that when they added the jeans to their virtual basket and attempted to avail of the 20% off by using the code at checkout, an error message informed them that they would have to add €41 worth of items to their basket to avail of the voucher as the minimum value to use the discount code was €140. They said that when accessing the product page using a mobile phone, no information or conditions about lowest order value were visible.
Furthermore, the complainant said that when they had made up the required value worth of products in their digital basket and again attempted to avail of the discount via the code, a second error message popped up stating that the discount code in question could only be claimed on the advertisers’ own items and not branded products. The complainant considered the advertising misleading.
Response
The advertisers said that it is standard that offered vouchers on their website include certain conditions that are seen when clicking the associated details, usually from where the offer is initially offered on the homepage or potentially in any email correspondence sent to a customer.
They said that without specific information pertaining to the complainant’s account, they could not help this complainant further. They said that they advise all customers to reach out to their customer care team if they have specific questions about voucher handling and or about the specific terms and conditions for an offered voucher.
Conclusion
Complaint Upheld.
The Complaints Committee considered the detail of the complaint and the advertisers’ response.
The Complaints Committee noted that the advertising material did not state any terms and conditions where the offer was advertised, nor was there an asterisk or access link on the offer leading to terms and conditions detailing a minimum expenditure threshold required to avail of the offer, or that the offer did not apply to branded items.
The Committee considered that the placement of the offer on a product page to which it was not applicable, as well as the wording “get 20% off this product with the code NOWORNEVER” could lead a consumer to believe that the discount code was indeed applicable to that product.
The Committee therefore considered that the advertisement had the potential to mislead consumers and that it breached the Code at sections 4.01, 4.04, 4.06, 5.05, 5.15 and 5.16.
Action Required:
The advertisement must not reappear in its current form.
