Ad description

A listing on a third-party retail site for a parking sensor, seen on 14 October 2015, included the claim “2 YEAR NO QUIBBLE WARRANTY ON ALL PRODUCTS”.

Issue

The complainant, who had purchased the product but was refused a refund, challenged whether the claim “2 YEAR NO QUIBBLE WARRANTY” was misleading.

Response

Yoopar did not provide a substantive response to the ASA’s enquiries.

Assessment

Upheld

The ASA was concerned by Yoopar’s lack of substantive 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.

We considered the claim “2 YEAR NO QUIBBLE WARRANTY” was likely to be understood by consumers to mean that if there were any problems with the product, the advertiser would fully address them, without question, within a two-year period. We understood the complainant’s product had failed within a month, but that the advertiser did not offer to repair or replace it, and he was offered only a partial refund. We therefore concluded that the claim was misleading.

The ad breached CAP Code (Edition 12) rule  3.1 3.1 Marketing communications must not materially mislead or be likely to do so.  (Misleading advertising).

Action

The ad must not appear again in its current form. We told Yoopar to ensure they did not state or imply in future that they offered an unconditional warranty if that was not the case. We referred the matter to CAP’s Compliance team.

CAP Code (Edition 12)

1.7     3.1    


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