1. Upheld

The ASA noted that 5.2 explained customers would be deemed to have accepted the offer if they elected to have their payment made by bank transfer or cheque payment, and noted that later in the terms and conditions section 6.4 stated "If you choose to cancel the acceptance of the Offer which you made by selecting a payment type within the gold pack, then subject to clause 6.5 we will return your items to you provided you have (a) returned any payment you have received from us within seven days of receiving it, and (b) paid the related charge (minimum £35, but subject to change) plus VAT, postage and packing".

We considered the conditions stated in 5.2 and 6.4 were significant conditions that were likely to affect a consumers decision to send their gold to Weston Knightly. We therefore considered they should have been prominently expressed to customers in the main body of the ad itself, not in the terms and conditions. Because they were not, we concluded ad (a) was misleading.

The ad breached CAP Code (Edition 12) rules 3.1 and 3.3 (Misleading advertising), 3.7 (Substantiation) and 3.9 (Qualification).

2. Upheld

We noted that the sponsored search link was still appearing on Google, and that we had not received any evidence to substantiate the "We pay 70% more" claim. We therefore considered the claims in ad (b) had not been substantiated and concluded the ad was misleading.

The ad breached CAP Code (Edition 12) rules 3.1 and 3.3 (Misleading advertising), 3.7 (Substantiation) and 3.9 (Qualification).