Ad description

TV and website ads promoted a window company's June sale.

a. A TV ad, broadcast in June, featured Craig Doyle suggesting that consumers change and update their windows. Small on-screen text during the ad stated "Lifetime guarantee applies to uPVC windows and doors only. Terms and conditions apply" and "Sale ends 04.07.2011". Larger on-screen text at the end of the ad stated "JUST FOR JUNE SALE WITH LIFETIME GUARANTEE".

b. A website ad, seen in June, stated "Transform your home into something wonderful this summer with the Everest Just for June Sale. We are offering up to 35% off* with a lifetime guarantee, but hurry the offer ends on 4th of July! JUST FOR JUNE SALE UP TO 35% OFF" and "JUST FOR JUNE SALE ENDS IN" and featured a countdown clock.

Issue

Two complainants challenged whether the ads seen in June were misleading, because they implied that the "up to 35% off" offer in the June sale was time limited and if they did not take advantage of the offer straight away they would miss out, whereas the same "up to 35% off" discount was offered in July after the promotion had ended, albeit with different extras.

Response

Everest Ltd said the advertised offer in June was called the 'Just for June Sale' (June Sale), which offered "up to 35% off with lifetime guarantee". They said that offer applied to Everest's uPVC window range and confirmed that that promotion ended on 4 July 2011. They said the July offer was called the 'Summer Sale' and offered "up to 35% off and claim £100's for being eco friendly". They said the July offer applied to all Everest's windows and doors, was not limited to uPVC windows, and, in addition to the discount offered, an additional sum of £100 per window and £200 per door was deducted from the list price. They therefore felt that their June offer was very specific, because the offer was for discounts of "up to 35% off" and a lifetime guarantee on all uPVC windows and doors. They said that their July offer was general and offered discounts of "up to 35% off" on orders for all Everest's window products (uPVC, aluminium and timber framed windows), and a fixed sum of £100 off every window purchased and £200 off every door purchased.

Clearcast said that Everest confirmed that the June offer was "up to 35% off" plus life time guarantee. They confirmed that the offer ended 4 July 2011, and said that information was included in the on-screen text in the TV ad, which stated "Lifetime guarantee; Just for June". They agreed with Everest that the July offer was different from the June offer.

Assessment

Not upheld

The ASA understood that the complainants had made the decision to purchase windows from Everest before the "up to 35% off' in the "Just For June Sale" offer ended on 4 July, because they had wanted to take advantage of the 'June Sale' offer. However, when they subsequently discovered that the '35% off' offer was also available in July, they felt that they had been rushed into making their purchase too quickly.

We noted that the TV ad stated that the "JUST FOR JUNE SALE" offered a lifetime guarantee, although it did not specify that the offer included "up to 35% off". We acknowledged that any consumers who took up the June sale offer would nonetheless receive "up to 35% off." Although we noted that the June and July promotions both offered "up to 35% off", we noted that the offers were not limited to that particular discount and also included other promotional features, which were different in June to July. We understood that, as well as the "up to 35% off" discount, the June offer also included a lifetime guarantee on the uPVC window range, whereas the July offer did not include that lifetime guarantee, and offered alternative promotional features: it covered all Everest ranges and included additional fixed sums off each window and door purchased. We therefore considered that the 'June Sale' (consisting of "up to 35% off" and a lifetime guarantee) was time limited, as it was not available in July, and considered that the ad reflected that and was not misleading on that basis. Although we acknowledged that the consumers could not know what promotional features an advertiser might choose to include in a future offer, we considered that the ads (a) and (b) both made clear that the June offer consisted of up to 35% off with a lifetime guarantee and that consumers could therefore choose to take advantage of that offer, or not.

Although we noted that the June and July promotions both offered "up to 35% off", because we considered that the overall package of promotional features in the June and July offers were sufficiently different and because we considered that the ads made clear which features were included in each offer, we concluded that the ads were unlikely to mislead.

We investigated ad (a) under BCAP Code rules  3.1 3.1 Advertisements must not materially mislead or be likely to do so.  (Misleading advertising) and  3.31 3.31 Advertisements must not falsely claim that the advertiser is about to stop trading or move premises. They must not falsely state that a product or service, or the terms on which it is offered, will be available only for a very limited time to deprive consumers of the time or opportunity to make an informed choice.  (Availability), but did not find it in breach.

We investigated ad (b) under CAP Code (Edition 12) rules  3.1 3.1 Advertisements must not materially mislead or be likely to do so.  (Misleading advertising) and  3.31 3.31 Advertisements must not falsely claim that the advertiser is about to stop trading or move premises. They must not falsely state that a product or service, or the terms on which it is offered, will be available only for a very limited time to deprive consumers of the time or opportunity to make an informed choice.  (Availability), but did not find it in breach.

Action

No further action necessary.

BCAP Code

3.1     3.31    

CAP Code (Edition 12)

3.1     3.31    


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