ASA Adjudication on Easy Computers

Ad

An insert, entitled the iWant-IT summer issue, offered a number of computer electrical goods. Among the offers, it stated "Sony 256Mb MicroVault Tiny Portable Storage from £13.95, 512Mb MicroVault ... from £13.95, 1Gb MicroVault ... from £13.95, 2Gb MicroVault ... from £13.95", "Kensington SX2000 iPod speakers £51.95", "Belkin ADSL Modem with wireless Pre-N router £94.95", "RangeMax Next Wireless N ADSL Modem Router £118.95", "Antec Fusion enclosure £94.95", and "High Speed Wireless Gateway for Home Users with a Free USB Client!". The insert stated "For more information or to buy visit www.iwant-it.co.uk or call 0870 264 2122". Text, under "Terms & Conditions" said "... All prices, codes and descriptions are correct at time of going to press, and may be subject to change. All prices exclude delivery. Errors and Omissions excluded. ...".

Issue

A customer complained that when he logged on to the website and tried to buy the iPod speakers, Modem, Modem Router, Fusion Enclosure and Wireless Gateway, they were all more expensive than had been quoted in the leaflet. He also said that only the 256Mb MicroVault Tiny was available for £13.95; the 512Mb version was offered for £17.95, the 1Gb for £28.95 and the 2Gb version cost £51.95. He believed the leaflet was misleading.

CAP Code (Edition 11)

Response

Easy Computers said their distributor had supplied the cost prices of the goods in the insert. They said these prices had either been incorrect when they were given to them or had increased since then. They explained that the insert was approved about two months earlier and that prices did have a tendency to change. Although it had not happened in this case, they said prices normally went down. Easy Computers said they had put measures in place to avoid such errors in future advertising.

Assessment

Upheld

The ASA noted that all six products mentioned by the complainant had been sold at a price higher than claimed in the insert. We were concerned that Easy Computers had been unable to confirm whether the prices were correct at the time the insert was printed, and that they were unable to show the goods had been sold at the advertised price.

Although we understood that the prices in the insert had been agreed two months earlier, we considered the goods should, nonetheless, have been available at the advertised price while the insert was in circulation. Because Easy Computers were aware that prices were likely to be subject to change, we considered that an insert was an unsuitable medium for advertising the products as it was likely to remain in circulation after prices had changed. We concluded that, because the goods were not available at the advertised prices, the insert was misleading.

The ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 15.1 and 15.4 (Prices).

Action

We told Easy Computers to ensure that prices were correct at time of publication and the goods continued to be available at the advertised price.

Adjudication of the ASA Council (Non-broadcast)