Ad description
A TV ad for a personalised photo calendar featured a family selecting which photographs to include. A voice-over said, "Choose from hundreds of designs and loads of options, to make your calendar special. You'll love our amazing print quality and it's the ideal personal gift to share your year. Save over £10 at [website address], where you can create one personalised calendar for just 99p." On-screen text stated "1 wall calendar only at offer price. VAT included. Postage cost £5 for 14 day delivery was £6.37. Conditions apply". Further on-screen text stated "1 for 99p was £11.99 [that price was struck through]. Plus postage. Offer ends 15/01/2013".
Issue
A viewer challenged whether the ad misleadingly implied that consumers could buy the colourful design calendar featured in the ad for 99p, when he understood that price applied only to greyscale (black and white bordered) calendars.
Response
Vistaprint said the ad featured various colourful designs, all of which were available for 99p. They explained that once customers had personalised their calendars and clicked through to confirm their purchase, the price shown was 99p. They provided examples of different calendars, all of which had coloured borders and were available to buy for 99p.
Vistaprint explained that the advertised calendars had a greyscale grid for the lower half of the calendar only, which denoted the date and month. The top half of the calendar always appeared as a colourful design throughout the ad. They confirmed that such calendars could be bought for 99p.
Clearcast said the calendars featured in the ad were available for 99p and therefore, they did not believe the ad was misleading.
Assessment
Not Upheld
The ASA noted the calendars had two halves: the top half which could have either a colourful border or a black and white one and into which the photographs were inserted and the bottom half, which was a grid denoting the dates and months. The ad included calendars with colourful borders in the top half and a bottom half grid printed in greyscale (i.e. black and white). Vistaprint's evidence showed that customers had bought calendars as they appeared in the ad for 99p and we noted on-screen text made clear that a postage cost applied to the offer. Because we had seen evidence that calendars as they appeared in the ad had been bought for 99p, we concluded the ad was not misleading.
We investigated the ad under BCAP Code rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
(Misleading advertising),
3.10
3.10
Qualifications must be presented clearly.
CAP has published a Help Note on Claims that Require Qualification.
(Qualification) and
3.18
3.18
Quoted prices must include non-optional taxes, duties, fees and charges that apply to all or most buyers. However, VAT-exclusive prices may be given if all those to whom the price claim is clearly addressed pay no VAT or can recover VAT. Such VAT-exclusive prices must be accompanied by a prominent statement of the amount or rate of VAT payable.
(Prices) but did not find it in breach.
Action
No further action necessary.
