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ASA Adjudication on Logo Design Guarantee

Logo Design Guarantee


Date:

5 March 2014

Media:

Internet (on own site)

Sector:

Business

Number of complaints:

1

Complaint Ref:

A13-252448

Background

Summary of Council decision:

Five issues were investigated, of which all were upheld.

Ad

The home page of a website, www.logodesignguarantee.co.uk, that offered logo and website design services stated "SALE Must End Midnight, Monday 30 Dec 2013 … FACT: By Far the Best Logo Offer You'll Find … HALF PRICE SALE!* On All Packages - Must End Midnight, Monday 30 Dec 13 …".

On a page headed "WEB DESIGN", text stated "One time Special Offer Must End Midnight, Mon Dec 30 2013. Celebrating our 1000th Customer … Half-Price on All Web Design Packages! Fact … Now The UK's Best Web Design Prices … Hosting Free, For Life!".

Issue

The complainant challenged whether:

1. the claim "FACT: By Far the Best Logo Offer You'll Find" was misleading and could be substantiated;

2. the claim "Fact … Now The UK's Best Web Design Prices" was misleading and could be substantiated;

3. the claim "Hosting Free, For Life!" was misleading and could be substantiated;

4. the 'Half Price' sales were genuine, because he did not believe that the services had previously been sold at the higher prices; and

5. the claims "Must End" and "One time special offer" were misleading, because the date changed every day, thereby extending the 'sale'.

CAP Code (Edition 11)

8.17.4e

CAP Code (Edition 12)

Response

Logo Design Guarantee did not respond to our enquiries.

Assessment

The ASA was concerned by Logo Design Guarantee's lack of response and apparent disregard for the Code, which was a breach of CAP Code clause 1.7 (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.

1. Upheld

We considered that the basis of the claim "FACT: By Far the Best Logo Offer You'll Find" was unclear and noted that had not seen any evidence to support it. We therefore concluded that it was misleading.

On this point, the ad breached CAP Code (Edition 12) rules 3.1, 3.3 (Misleading advertising), 3.7 (Substantiation) and 3.38 (Other comparisons).

2. Upheld

We noted that the basis of the 'best price' was not made clear in the ad and, as we had not seen any substantiation for the claim, we considered it was misleading.

On this point, the ad breached CAP Code (Edition 12) rules 3.1, 3.3 (Misleading advertising), 3.7 (Substantiation), 3.38 (Other comparisons), 3.39 and 3.40 (Price comparisons).

3. Upheld

We noted that the ad did not make clear how the "Hosting Free, For Life!" was measured or enforced. Again, we noted that Logo Design Guarantee had not provided any clarification on this point and we concluded that the claim was misleading.

On this point, the ad breached CAP Code (Edition 12) rules 3.1, 3.3 (Misleading advertising) and 3.7 (Substantiation).

4. Upheld

As we had not seen any evidence to prove that the packages in the half-price sale had ever been sold at a higher price than they were advertised for, we concluded that the claim was misleading.

On this point, the ad breached CAP Code (Edition 12) rules 3.1, 3.3 (Misleading advertising), 3.7 (Substantiation), 3.39 and 3.40 (Price comparisons).

5. Upheld

We noted that the promotion appeared daily with a new closing date of that day, which created the impression that consumers needed to act on the day they saw the ad in order to take advantage of the offer. We considered that the claims "Must End" and "One time special offer" furthered that impression. We concluded that the promotion and the approach used were misleading and that Logo Design Guarantee should not have implied the offer would end imminently if that was not the case.

On this point, the ad breached CAP Code (Edition 12) rules 3.1, 3.3 (Misleading advertising), 3.7 (Substantiation), 3.31 (Availability), 3.39, 3.40 (Price comparisons) and 8.17.4e (Significant conditions for promotions).

Action

The ad must not appear again in its current form. We referred the matter to CAP's Compliance team.

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