ASA Adjudication on JSM Distributor Direct Ltd

Ad

Two internet sales promotions for Joys International Sewing Machines: a. the first sales promotion stated "QUANTITY DISCOUNT BUY ANY TWO MACHINES GET THE SECOND ONE HALF PRICE Limited Offer Subject to Availability". Text below this stated “CLICK ON THE PRODUCT OF YOUR CHOICE” and several categories of machines featured including household sewing machines, industrial sewing machines, industrial embroidery machines and transfer press and sublimation heat machines. Further text stated "*WE OFFER 30 DAY MONEY BACK GUARANTEE on selected models ... *30 DAY MONEY BACK IF NOT 100% SATISFIED* on selected products". b. the second sales promotion stated "*SPECIAL OFFER* Buy any two thread packs you get the second *HALF PRICE*".

Issue

The complainant challenged whether:

1. the 'buy one get one half price' offers in ad (a) and ad (b) were genuine and whether the ads were misleading; and

2. the claim "We offer 30 day money back guarantee on selected models" in ad (a) was misleading, because Joys International Sewing Machines had refused to honour it.

CAP Code (Edition 11)

Response

1. Joys International Sewing Machines, now trading as JSM Distributor Direct Ltd (JSM), said when the complainant placed her order on the telephone they had explained that the buy one get one half price offer was not and had never been available on the heat transfer presses she wished to order.  They pointed out that the ad on their website stated that the offer was limited and subject to availability.  They said all domestic sewing machines were subject to the offer when the promotion began and there were now six models available in the offer.  JSM sent a list of those models along with copies of the customer's invoice that showed she had been given a total discount of £50.  They explained that £25 discount was against a heat transfer press and £25 discount was against metallic thread.  They sent a copy of the full product information, which was available online, for one domestic sewing machine, which they pointed out clearly stated "QUANTITY DISCOUNT BUY ANY TWO MACHINES GET THE SECOND ONE HALF PRICE" and details for two heat transfer presses that stated "QUANTITY DISCOUNT BUY ANY TWO MACHINES PAY LESS".  They said that illustrated that only domestic sewing machines were part of the "BUY ANY TWO MACHINES GET THE SECOND ONE HALF PRICE" offer.

With regard to the half price offer on the thread, JSM said the complainant was told that the second pack of threads would be half price and that she was charged that amount.  They said the invoice showed that the complainant was given a £25 discount against the metallic thread pack, which normally retailed at £50, and that she was charged the full price of £75 for the first thread pack she ordered.

They said throughout the promotion they charged the full price for the most expensive product and then gave the appropriate discount against each product regardless of how many were ordered.

2. JSM said the claim was accurate, and sent a copy of the full product information, which was available online, for a domestic sewing machine for which the guarantee applied.  They pointed out that the guarantee claim did not apply to heat transfer presses and that the product information for heat transfer presses did not include that claim.  They sent a list of all recent product returns with the 30-day money back returns highlighted, along with check sheets that detailed the refund given.  They said they had no record of the complainant contacting them to request a return or refund.   

Assessment

1. Upheld

The ASA noted the "BUY ANY TWO MACHINES GET THE SECOND ONE HALF PRICE" offer applied only to domestic sewing machines and not to heat transfer presses.  We also noted JSM's argument that that was made clear on their website by the statement "limited offer subject to availability" and the fact that this offer was repeated in the product information for domestic sewing machines and not for transfer presses.  We accepted that the offer in ad (a) was genuine, in so far as it related to domestic sewing machines, but we were concerned about how it could be interpreted by readers.  We noted that, directly below the offer claim, ad (a) stated "CLICK ON THE PRODUCT OF YOUR CHOICE" and readers could click on links to several categories of products including "Household sewing machines", "Industrial sewing machines" and "Transfer press and sublimation machines".  We therefore considered that readers might be misled into thinking all categories of machines shown were included in the offer when that was not the case.

We noted JSM claimed the complainant's invoice showed that she was given a £25 discount in respect of the metallic thread pack, which had been charged at half price, and a £25 discount against the heat transfer press she ordered.  We noted the only discount that appeared on the invoice was a "quantity discount" of £50, and that it was not clear which products this related to.  Given that the complainant expected to get the second heat transfer press and second thread pack for half price, which would amount to considerably more than £50, we could see where the confusion lay.  We were, however, satisfied that the buy one get one half price offer on thread packs was genuine.

We noted both ads referred to getting the second item half price and that JSM said they charged the full price for the most expensive item and then gave the half price discount to the cheaper item.  We considered that, to make the nature of the offer clear, JSM should have stated in both ads that the cheaper item would be charged at half price.

On this point, ad (a) breached CAP Code clauses 7.1 (Truthfulness) and 27.4 (Sales promotion rules) but did not breach 3.1 (Substantiation), 16.1 (Availability) and 34.1 (Significant conditions for promotions).  

On this point, ad (b) breached CAP Code clause 7.1 (Truthfulness) but did not breach 3.1 (Substantiation), 16.1 (Availability), 27.4 (Sales promotion rules) and 34.1 (Significant conditions for promotions).

2. Upheld

We noted ad (a) stated that the 30-day money back guarantee was available on selected models.  We also noted JSM's point that they referred to the guarantee in the product information for those selected models only.  We noted that readers would only find out which models the guarantee referred to by clicking on the category of machines and then on the product information for a particular machine and even then this information was hard to find when it was there.  We noted JSM had shown they gave refunds under the 30-day money back guarantee, but that this offer would not have included the two heat transfer presses purchased by the complainant.  We were concerned that ad (a) did not make clear the models to which the guarantee applied and we concluded that the disclaimer "on selected models" was not sufficient to highlight this important information to readers.  

On this point, the ad breached CAP Code clauses 7.1 (Truthfulness), 27.4 (Sales promotion rules) but did not breach 3.1 (Substantiation), 16.1 (Availability), 34.1 (Significant conditions for promotions) and 42.5d (Distance selling).

Action

The ads must not appear again in their current form.  We told JSM to make clear on the front page of future internet promotions which products qualified for the buy one, get one half price offer and to make clear that the cheaper item would be charged at half price.  We suggested that JSM move the claim "We offer 30 day money back guarantee on selected models" and place it either alongside or underneath the category of machines to which the guarantee applied.  We advised them to contact the CAP Copy Advice team for guidance with the amendments.

Adjudication of the ASA Council (Non-broadcast)