Advertisment
A 10 place dishwasher was featured on the advertisers’ website.
A photograph of the product was featured on the left hand side, with product and warranty details. On the right hand side a banner stated:
“Biggest ever sale now on”
And under this the following was stated:
“RRP: €399.95
On Promotion
€369.95
Included in this price is a contribution to recycling costs worth €5.00.”
Under this another banner stated
“EX-DISPLAY PRODUCTS FOR SALE”
A ‘Call me back’ button was provided which when clicked allowed the customer to request a call back about the product.
Complaint
The complainant contacted the advertisers to enquire about the product and was advised that the price was €399.95. She pointed out that the promotional price given on the website was €369.95 and was informed that this price related to the Ex-Display products banner on the page.
She considered that the marketing communication was misleading as it was not clear that the ‘on promotion’ price applied to ex-display products.
Response
The advertisers said that they wished to draw attention to their “EX-DISPLAY products for sale” banner which had appeared below the promotional price of the dishwasher on their website. They said that this banner had appeared on clearance models only as these could only be purchased by customers once they had spoken to one of their sales staff and the condition of the items in question had been outlined to them, i.e. if they were unboxed or scratched, etc.
The advertisers said that they would gladly have sold the ex-display dishwasher model at the €369.95 price or indeed a boxed version at €399.95.
Conclusion
Complaint Upheld
The Complaints Committee considered the details of the complaint and the advertisers’ response. They noted the marketing communication had referred to “Biggest Sale Ever now on” and “On Promotion” whilst giving a RRP price and a promotional price.
They also noted that the webpage had included a banner which referred to “Ex-Display products for sale” but did not consider that this was presented in such a way to make it clear that the promotional price related to Ex-Display models.
In the circumstances the Committee considered that the advertising was likely to mislead consumers and was in breach of Sections 2.22 and 2.24 of the Code.
Action Required:
The advertisers should not advertise in the same format again.
