Direct Marketing/Distance Selling

21 Direct Marketing / Distance Selling

Advertisements for products and services offered by direct marketing methods (eg. mail order/website and direct response) are acceptable, subject to the following conditions:

a) licensees must be able to give enquirers the name and full address of the advertiser where this is not given in the advertisement. The address given must be in a form which enables enquirers to locate the premises without further enquiry;

b) licensees must be satisfied that adequate arrangements exist at that address for enquiries to be handled by a responsible person available on the premises during normal business hours;

c) samples of products advertised should be made available at that address for public inspection, if requested;

d) licensees must be satisfied that the advertiser can meet any reasonable demand created by the advertising (for example, with assurances of adequate stock);

e) advertisers must be able to fulfil orders within a certain delivery period which must be stated at the point of sale. This should normally be 28 days unless there are particular circumstances where it is reasonable for the advertiser to state a delivery period in excess of 28 days;

f) licensees must be satisfied that fulfilment arrangements are in operation whereby monies sent by consumers are only released to the advertiser on receipt of evidence of despatch (unless licensees are satisfied that adequate alternative safeguards exist);

g) an undertaking must be received from the advertiser that money will be refunded promptly and in full to consumers who can show justifiable cause for dissatisfaction with their purchase(s) or with delay in delivery;

h) advertisers who offer products and services by direct marketing methods must be prepared to demonstrate or supply samples of products to licensees in order that they may assess the validity of advertising claims;

j) advertisers who intend to send a sales representative to a respondentís home or place of work must ensure that this intention is made clear either in the advertisement or at the time of response and that the respondent is given an adequate opportunity of refusing such a call. In the case of such advertising:

i advertisers must give adequate assurances that sales representatives will demonstrate and make available for sale the articles advertised;

ii it will be taken as prima facie evidence of misleading and unacceptable ‘bait’ advertising for the purpose of ‘switch selling’ if an advertiserís sales representative disparages or belittles the article advertised, reports unreasonable delays in obtaining delivery or otherwise puts difficulties in the way of its purchase with a view to selling an alternative article.

Advertisers must comply with all relevant legislation including that relating to mail order transactions, distance selling (including in relation to disclosure of cancellation rights) and data protection.

Section 2, Rule 11.7 prohibits advertisements which invite children to buy products by direct response.