Ad description
Two ads for skip hire:
a. A sponsored search ad stated "Skip Hire from £39 + VAT Easy Skip Hire Nationwide www.topskips.com ...".
b. An internet display ad stated "topskips.com Skip Hire from £39 + VAT Easy Skip Hire Nationwide Book Online Here".
Issue
Two complainants challenged whether both ads were misleading, because they did not believe that skips were available at the stated price.
Response
Perfect Associates Ltd (Perfect Associates), trading as TopSkips, said if a client put pure recyclable waste in their skip and did not mix it, they were able to provide skips for £39 plus VAT which covered the haulage costs. By example they said clients could fill the skips with various materials, including paper, glass, cardboard, metal, wood and hardcore of a certain grade. They said it was not yet common to offer skips for recyclable material at the haulage cost and that they intended to make this clearer on their website.
They said they used to be called Toptriangle and, in March 2009, went into administration. They said all paperwork relating to the previous business was in the hands of the administrators and that they did not have any evidence demonstrating that they sold skips for £39 plus VAT since this date. They directed us to their website which they said demonstrated that they offered skips at the advertised price in the OL11 postcode.
Assessment
Upheld
The advertiser said skips for pure recyclable waste were available at the stated price plus VAT and directed us to their website that indicated that a two-yard mini skip was available in the OL11 postcode for the advertised price. However, there were no facilities on the website to hire the skip and we had not received any evidence, in the form of financial records, to demonstrate that skips could be purchased for £39 plus VAT. In the absence of such evidence we considered that the stated price had not been substantiated and concluded that it was misleading.
The ad breached 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), 3.17 3.17 Price statements must not mislead by omission, undue emphasis or distortion. They must relate to the product featured in the marketing communication. and 3.18 3.18 Quoted prices must include non-optional taxes, duties, fees and charges that apply to all or most buyers. However, VAT-exclusive prices may be given if all those to whom the price claim is clearly addressed pay no VAT or can recover VAT. Such VAT-exclusive prices must be accompanied by a prominent statement of the amount or rate of VAT payable. (Prices) 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).
Action
The ad must not appear again in its current form. We told Perfect Associates Ltd, trading as TopSkips, to hold evidence to demonstrate that their advertised prices were available.
