Ad description
An ad, on www.thememoryfoammattressfirm.co.uk, offered memory foam mattresses for sale with half-price memory foam pillows.
Issue
The complainant, who purchased two mattresses with pillows, challenged whether the ad breached the Code, because they had received neither the pillows nor a refund.
Response
The Memory Foam Mattress Firm (MFMF) did not respond to the ASA's enquiries.
Assessment
Upheld
The ASA was concerned by MFMF'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 we told them to do so in future.
We understood the complainant received the mattresses shortly after placing their order in March 2012, but had not received the pillows. We understood they had contacted the company a number of times over the following months requesting that the pillows be delivered, or that they receive a refund, but MFMF had provided neither. We noted CAP Code rule 9.4 required that marketers engaging in distance selling must fulfil orders within 30 days from the day consumers sent their order, and that CAP Code rule 9.5 required that marketers must refund money promptly, and at the latest within 30 days of notice of cancellation being given, if consumers had not received products within the specified period (in this case, within the 30 days stipulated by Code rule 9.4). Because the complainant had received neither the pillows nor a refund, we concluded MFMF had breached the Code.
The ad breached CAP Code (Edition 12) rules 9.4 and 9.5 (Distance Selling).
Action
The ad must not appear again in its current form. We told MFMF to ensure they delivered all products within the specified period, or, if they were unable to do so, a refund within the specified period. We referred the matter to CAP's Compliance team.
