Background
Summary of Council decision:
Two issues were investigated, both were Upheld.
Ad description
A magazine ad for watches stated "Premier Collection from Stauer" and featured six different watches, including a Graves '33 watch for £129.99. Text at the bottom of the page stated "Try any Stauer Watch for 30 days, if you're not completely satisfied return for a full refund of the purchase price ... CALL NOW TO TAKE ADVANTAGE OF THIS LIMITED OFFER ... OR VISIT ONLINE @ www.stauer.co.uk. PLEASE QUOTE CODE H05STXW WHEN ORDERING ... Guaranteed 24 hour despatch and delivery."
Issue
1. The complainant challenged whether the ad was misleading because the '33 Graves watch was only available on the website for £199.99 with an estimated cost of £9.99 for postage and packaging and the code provided did not give any discount.
2. They also challenged whether the claim "Guaranteed 24 hour despatch and delivery" was misleading, because they were advised that the order would arrive within 12 to 14 days.
Response
NeXtten Stauer LLC did not respond to the ASA's enquiries.
Assessment
The ASA was concerned by NeXtten Stauer's lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 1.7 Any unreasonable delay in responding to the ASA's enquiries will normally be considered a breach of the Code. (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.
1. & 2. Upheld
In the absence of a response from the advertiser to explain why the complainant was unable to find the watch on the website for the advertised price, and was informed that the order would arrive within 12 to 14 days, we considered that the quoted price was not an accurate representation of the cost of the product and the sales promotion had not included significant conditions, costs or other limitations that affected its validity. We therefore concluded that the ad was misleading and breached the Code.
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),
3.17
3.17
Price statements must not mislead by omission, undue emphasis or distortion. They must relate to the product featured in the marketing communication.
(Prices),
8.17
8.17
All marketing communications or other material referring to promotions must communicate all applicable significant conditions or information where the omission of such conditions or information is likely to mislead. Significant conditions or information may, depending on the circumstances, include:
and
8.17.1
8.17.1
How to participate
How to participate, including significant conditions and costs, and other major factors reasonably likely to influence consumers' decision or understanding about the promotion
(Significant conditions for promotions) and 9.2 and 9.2.7 (Distance selling).
Action
The ad must not appear again in its current form. We told NeXtten Stauer LLC to ensure that their price statements were accurate in future. We also told them to ensure that future sales promotions included significant conditions and costs and any other limitations and conditions that affected their validity. We referred the matter to CAP's Compliance team.
CAP Code (Edition 12)
1.7 3.1 3.17 8.17 8.17.1 9.2 9.2.7
