ASA Adjudication on Ebuyer (UK) Ltd
Ebuyer (UK) Ltd
Off Ferry Road
11 July 2012
E-mail, Internet (sales promotion)
Number of complaints:
A promotional e-mail and claims on the website www.ebuyer.com related to a tablet PC:
a. The e-mail had the subject heading "… Save £120 on Storage Options Scroll Extreme Tablet PC". The product featured in the body of the e-mail and was labelled "SAVE £120 … £179.99".
b. The product page on the website included text that stated ""£178.98 inc. vat". The text "£299.99" was crossed out and further text stated "Save £120.01".
The complainant challenged whether the savings claims in ads (a) and (b) were misleading and could be substantiated.
CAP Code (Edition 12)
Ebuyer (UK) Ltd (Ebuyer) said they were willing to amend their advertising. They said they had misunderstood the advertising rules and had new staff. Ebuyer said the complainant had raised a valid point.
The ASA acknowledged that Ebuyer were willing to amend their advertising. We noted, however, that we had not seen evidence to demonstrate that the 'was' price of £299.99 was a genuine previous selling price and that the advertised savings of £120 and £120.01 were therefore genuine. In the absence of such evidence, we concluded that the savings claims were misleading.
Ads (a) and (b) breached CAP Code (Edition 12) rules 3.1 (Misleading advertising), 3.7 (Substantiation) and 3.17 (Prices).
The ads must not appear again in their current form. We told Ebuyer not to make savings claims in future unless they were in a position to demonstrate that they were based on genuine previous selling prices.