Ad description
A TV ad, for a retailer of carpets and beds, viewed on 6 July 2011, featured a man who stated, “Don’t miss Crazy Wednesday at United carpets and beds for twelve hours of crazy deals. Do you want your carpets half price? With an extra 25% off and fitted free when you buy the underlay? United Carpets and beds can do all that for 12 hours this Wednesday. But that’s not all, if you can get a better like for like carpet deal, we’ll give you the carpet free and we’ll fit it for free ... ” Accompanying on-screen text stated “Like for like quotation required prior to purchase. Conditions apply”.
Issue
The complainant challenged whether the ad was misleading because:
1. it did not make clear that, in order to take advantage of the free carpet and fitting offer, the consumer was required to provide a sample of the carpet, underlay, and a written quotation from the competing company; and
2. having attempted to redeem the offer, she was informed that she would receive a £1 discount off the United Carpets' price, and would not receive a free carpet and fitting.
Response
United Carpets (United) said that the ad was approved by Clearcast prior to broadcast. They said that broadcast media did not allow them to include all terms and conditions of the offer. However, they believed that the on-screen text "Like for like quotation required prior to purchase. Conditions apply", made clear that conditions applied. They stated that the terms and conditions of the offer were displayed on their website and in store.
United explained that they required the consumer to produce a sample of the carpet and underlay in addition to a written quotation, because this was the only manner in which they could assess whether they were comparing "Like for like".
United said that they would endeavour to beat a competitors’ quotation by as much as possible on price in order to secure the business. They also said that they would offer additional value to the customer by offering a free underlay upgrade or free door bars. However, they said that if they were unable to beat the offer by a reasonable amount, they would provide the customer with the carpet, underlay and fitting for free. With regard to the complainant's experience, United explained that it was not their policy to apply the offer by beating a genuine competitor quote by a minimal amount.
Clearcast said that they had approved the ad on the basis of an assurance from United that customers must produce a written quotation for exactly the same carpet, underlay, gripper, door bars and fitting from another supplier and that they must provide a sample of the carpet in question. They also said that they were advised that the quotation had to be presented by the customer at the point of sale. They believed that the on-screen text "Like for like quotation required prior to purchase. Conditions apply" was sufficiently clear to cover the conditions of the promotion.
Assessment
1. Upheld
The ASA considered that consumers were likely to interpret the claim “Like for like quotation required prior to purchase ...” to mean that upon receipt of a written quotation for the same products, the consumer was entitled to the carpet in question for free and also free fitting of that carpet. However, we understood that in order to redeem the offer, the consumer was also required to produce a sample of the carpet and underlay.
We acknowledged that the on-screen text stated that conditions applied to the offer and that the terms and conditions had been displayed on their website and in store. However, we considered the fact that samples of underlay and carpet were required in order to redeem the offer, to be significant conditions of the offer which should have been made clear within the ad.
Therefore, since the ad did not make clear that samples of underlay and carpet were required in order to take advantage of the offer, we concluded that the ad was misleading.
On this point, the ad breached BCAP Code rules 3.1 3.1 Advertisements must not materially mislead or be likely to do so. (Misleading advertising) and 3.1 3.1 Advertisements must not materially mislead or be likely to do so. (Qualification)
2. Upheld
We considered that consumers were likely to understand the claim “But that’s not all, if you can get a better like for like carpet deal, we’ll give you the carpet free and we’ll fit it for free ... ” to mean that, upon production of a like for like quotation, they would receive the carpet and fitting for free. However, we understood that upon production of a qualifying like for like quotation, United would attempt to beat the competitors’ quotation in order to secure the business. We also understood that, in the event that they were not able to beat the quotation by a reasonable amount, they would provide the customer with the carpet, underlay and fitting for free.
Since we understood that consumers were entitled to a free carpet and fitting only if United were unable to beat the quotation by a reasonable amount, we concluded that the impression given by the ad was misleading.
On this point, the ad breached BCAP Code rules 3.1 3.1 Advertisements must not materially mislead or be likely to do so. (Misleading advertising).
Action
The ad must not be broadcast again in its current form.
