Ad description
Two internet display ads for VistaPrint seen in June 2011:
a. One ad stated "CONGRATULATIONS! You've been selected to receive 250 FREE business Cards + Holder now Free was £4.99 [crossed out] 250 business cards + 1 business card holder Order now".
b. The second ad stated "CONGRATULATIONS! You've been selected to receive 250 FREE business Cards + Holder now FREE ....250 business cards + 1 business card holder.....VistaPrint Order Now".
Issue
Three complainants challenged whether the claim "250 FREE business cards + holder now FREE" was misleading by omission because it was their understanding that a postage and processing charge applied.
Response
VistaPrint Ltd (VistaPrint) stated that individuals who wished to take advantage of the offer were given five choices with regard to the speed and cost of delivery ranging from "economy", which delivered the items within 15 days at a cost of £2.14, to an "Express" two-day delivery at the cost of £18.69. They stated that because of the weight and dimensions of the business cards, they were classed as a 'packet' and that this resulted in a slightly higher delivery charge than a standard letter. They stated that the delivery costs were based on the charges of their European carrier. They also stated that although the carrier costs were not the cheapest available, they did not make any profit from these charges and that they were the unavoidable cost of delivering the items. They stated that it was therefore correct to refer to the items as "free".
Assessment
Upheld
The ASA noted VistaPrint's comments that consumers were able to choose the cost and method of delivery and that the cheapest of those options was a £2.14 charge, which meant the items were delivered within 15 days. We noted VistaPrint had provided documentary evidence that the delivery charges, including the lowest £2.14 charge, were the unavoidable cost of delivering the product to UK consumers. However, we noted the ads did not make clear that the business cards were subject to a delivery charge that the consumer would be expected to pay. We therefore concluded that the ads breached the Code.
The ads breached CAP Code (Edition 12) rules 3.1, 3.3, 3.7 (Misleading advertising) and 3.23 (Free).
Action
The ads should not appear again in their current form. We told VistaPrint to ensure future marketing communications made clear the extent of the commitment the consumer must make to take advantage of a “free” offer.
