ASA Adjudication on Dell Corporation Ltd

Ad

A national press insert included various computers and accessories, some were reduced in price. Text included “INSPIRON™1525 £329”; “INSPIRON™1720 £449” “INSPIRON™530 £349” and “DELL™STUDIO 15 … PRICES START FROM £379”. Small text under each of these sub-headings read “Incl. Savings³, VAT & Delivery” and each featured an “E-Value™Code”. Footnotes on the back cover stated “Offers due to end 30/07/2008. Subject to availability, prices and specifications are correct at date of publication and may change without notice … ³Savings is difference between price of featured systems when sold as a package versus current standard online prices for the basic systems with the promotional components upgraded individually”.

Issue

The complainant challenged whether the products were available at the advertised prices.

CAP Code (Edition 11)

Response

Dell Corporation Ltd (Dell) said the products advertised were available in significant quantities during the promotional period at the prices stated and similar or identical product packages also remained available at the same prices in the latter part of August 2008.  They provided details of sales for the models advertised from 26 June to 1 August 2008 and said many customers chose to add a warranty or an accessory upgrade to their bundle, although some had purchased them at the prices advertised.  They also provided a sample of invoices that corresponded to orders placed during the promotional period, which stated that those bundles had been sold at the advertised prices.

Assessment

Not upheld

The ASA noted the sales figures and invoices provided by Dell and acknowledged that the overall price paid could differ from customer to customer because it reflected optional extras purchased.

We considered that, although many customers had chosen to upgrade their orders, the sales information and sample of invoices demonstrated that the products were available at the advertised prices.  We concluded that the ad was unlikely to mislead.

We investigated the ad under CAP Code clauses 7.1 (Truthfulness), 15.1 (Prices), 16.4 (Availability of Products) and 27.4 (Unnecessary disappointment) but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Non-broadcast)