Background

Summary of Council decision:

Two issues were investigated, both of which were Not upheld

Ad description

Claims on www.wowcher.co.uk, a daily deals website, stated "Black Diamond Necklace or Earrings £49 instead of £499.99 (from British Gem) for a 1ct black diamond necklace or pair of 1ct black diamond earrings ... Save up to 90% ... Nothing says 'seriously bold and stylish but unafraid to be different' quite like a stunning black diamond (or three) ... That's why we're offering you 1ct black diamond necklace or a pair of 1ct black diamond earrings for just £49, or both for just £94, saving you up to 90% off British gem's prices ...”.

Issue

The complainant, a diamond grader who purchased the earrings, challenged whether:

1. the diamonds were genuine; and

2. the savings claims were misleading and could be substantiated.

Response

1. Wowcher Ltd provided a copy of an AnchorCert Gemmological Laboratory Identification Report, which confirmed that the batch consisted of natural diamonds. They also supplied a copy of the certificate their merchants received when they purchased the diamonds, as well as a copy of the certificate British Gem sent to customers.

2. Wowcher supplied copies of invoices from customers who had purchased either the earrings or necklace for £499 direct from their merchant in the months before and after the Wowcher offer was made. They also sent screenshots from the merchant's website for the same period in order to show that the products were on sale for the original price of £499 throughout that period.

Assessment

1. Not upheld

The ASA understood that the AnchorCert Gem Lab was operated by the Assay Office Birmingham, an organisation founded by Act of Parliament in 1773 to provide protection to consumers, traders and manufacturers involved in the jewellery and precious metal industry. Although we acknowledged that it was not possible to confirm that the Identification Report applied specifically to the earrings the complainant purchased, we were nonetheless satisfied that the batch of diamonds on offer had been tested and graded by an independent reputable company and the gems had been confirmed as natural diamonds.

On this point, 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) and  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), but did not find it in breach.

2. Not upheld

We considered that the invoices and screenshots supplied by Wowcher showed that the £499 had been charged by the merchant before and after the Wowcher offer was launched and that customers had purchased the items from the merchant at that price. We therefore considered that the claims "£49 instead of £499", "Save up to 90%" and "saving you up to 90%" had been substantiated and were not misleading..

On this point, we investigated the ad under CAP Code (Edition12) 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) and  3.40 3.40 Price comparisons must not mislead by falsely claiming a price advantage. Comparisons with a recommended retail prices (RRPs) are likely to mislead if the RRP differs significantly from the price at which the product or service is generally sold.  (Prices), but did not find it in breach.

Action

No further action necessary.

CAP Code (Edition 12)

3.1     3.40     3.7    


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