Ad description
A website for clothing for children with special needs, www.togs4specialsprogs.com, stated "... Togs4specialsprogs create custom made clothing and accessories for Babies, Children, Teens and Young Adults with special needs ... Our Mission. All of our products are tried and tested by our special team of researchers who are all children with a variety of special needs. Whether you have a baby, child, Teen or Young Adult with disabilities or just need a "little bit more", we can help you!"
On the 'Terms and Conditions' page, text stated "Terms of sale. By placing an order with Togs4specialsprogs, you are offering to purchase a product subject to the following terms and conditions. All orders are subject to being individually made to your childs [sic] needs. NOTHING is kept in stock, each item you order will take around 4 - 6 weeks to be made and dispatched".
Issue
The complainant, who had ordered several items but had not received their goods or a refund, challenged whether the marketer had complied with the rules for distance selling.
Response
Togs4specialsprogs did not respond in writing to the ASA's enquiries. In a telephone conversation, they explained that they had tried to deliver the goods, but they had been returned undelivered.
Assessment
Upheld
The ASA noted the terms and conditions on the advertiser's website clarified that, because the items were tailor-made, delivery would take four to six weeks. We understood that several months had passed, but the complainant had not received the goods they had ordered and so had requested a refund.
The CAP Code specified that marketers must refund money promptly if consumers had not received products within the specified period, unless they preferred to wait. In this case, a refund had been requested, but it had not been forthcoming.
Because the complainant did not receive a refund after the products they ordered had not been received, we concluded that the rules on distance selling had not been complied with.
The advertiser breached CAP Code (Edition 12) rule 9.5.1.
Action
We told Togs4specialsprogs to ensure that customers were refunded promptly if they had not received their goods within a specified period, unless they preferred to wait.
