Ad description
A product listing on pcworld.co.uk and currys.co.uk websites, for "WESTERN DIGITAL My Passport Essential Portable Hard Drive - 500GB, Arctic White", priced at £48.95, viewed in December 2011 and January 2012.
Issue
The complainant, having searched the website and the online availability of several stores where they found that the product was out of stock at the advertised price, challenged the availability of the product.
Response
DSG Retail said they had stock available to be reserved online and collect in-store for the whole of December and the majority of January and provided evidence to substantiate that, including anonymised receipts. They explained that their reserve and collect functionality required more than one unit to be available in a store before a reservation could be made online. They stated that could be why the complainant saw the product when they went in to one particular store yet were not able to reserve it online for collection at that store. They also submitted evidence to demonstrate that the product was available for home delivery throughout December and January. They said the complainant's account of events was incorrect because they had shown that stock was available to be reserved both in the complainant's local store and in many other major towns and cities during that period, as well as showing that the product could have been ordered for home delivery.
Assessment
Not upheld
We noted the white version of the product was advertised at a web-exclusive price of £48.95. We understood the complainant stated they could not purchase the product for home delivery or to be reserved and collected in-store. We understood that when the complainant visited their local store they found that the product was in stock; however, that was at the in-store price of £69.69. The complainant stated they repeated the search for the white version of the product online for over three weeks and the product was constantly out of stock. They said they searched using major city postcodes plus a scattering of London postcodes but at all times they received the result that the item was not in stock. The complainant said their only alternative was to buy the full priced black or coloured versions of the product but that three weeks after they had highlighted the error to DSG, the ad was still appearing. We acknowledged that DSG Retail provided evidence to show that the product was in stock both for home delivery and to reserve and collect in-store throughout December and January. We noted that the availability for the product showed consumers reserving items to collect in the complainant's local store, as well as many other stores. Whilst we were concerned that the complainant had not been able to obtain the product, because we had seen evidence that demonstrated the availability of the product, we concluded that the ad was not misleading.
We investigated the ad under CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising), 3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation. (Substantiation), 3.28.1 3.28.1 if estimated demand exceeds supply, marketing communications must make clear that stock is limited and 3.29 3.29 Marketers must monitor stocks. If a product becomes unavailable, marketers must, whenever possible, withdraw or amend marketing communications that feature that product. (Availability) but did not find it in breach.
Action
No further action necessary.
