Advertisment
The advertising which was sent by email referred to the following:
“In a Nutshell
This health and beauty mystery gift can provide a chance to get a Gucci belt, a Louis Vuitton or Versace handbag.
Product Details
Today’s Groupon a standard or deluxe health and beauty mystery gift.
The Specifics
Standard Health and Beauty Mystery Gift
• Six Peel Off Nail Polish, blending sponge
• Schwarzkopf Essence Ultime Crystal Shine Spray, 24 piece eyebrow stencil kit
• Body Shop Indian Jasmine shower gel, pretty detangle brush, Max Factor Lipfinity Lip Tint nude
• Peel off Mask 100ml tube, eyebrow stencil tool, face threading tool
• Max Factor Max Effect Dip in Eye Shadows, paintbrush style foundation brush, invisible lip liner
One in 80 people will receive something from Mac make-up bundle, Gucci Belt, Bobbi Brown make-up bundle, YSL cosmetics, Urban Decay Pallets, Estee Lauder Advance Serum, Sissley serum, Braun silk Epil Skin Spa Exfoliator
Deluxe Health and Beauty Mystery Gift
• Three-in one nail polisher – Black, CK Calvin Klein Mono Eye Shadows – Assorted
• Tresemme Oleo Radiance Oil Elixir 100ml, Transparent Silicone Makeup Sponge Puff, eyebrow scissors
• Max Factor Eye Shadow Trio, Pack of Max Factor Lipfinity Lip Tint, Make-up blending sponge
• Black Peel off Mask, CK Calvin Klein Mono Eye Shadow, L’Oreal Color Rich Nail Polish
• Bella Pierre Make-Up base, 10 make up brushes
• Olay Face Wash – Anti Wrinkle – 150ml Pretty Professional Smokey Eye Palette
• Pretty Professional Smokey Eye Palette, Max Factor Lip tint Passion Red, Pinky Magic
• Face Mitt
One in 40 people will receive something from Christian Louboutin Shoes, Louis Vuitton Handbag, Prada Handbag, Aveda gift set, £100 Topshop Voucher, Versace Handbag, Tom Ford Black Orcid, Michael Kors Handbag, GHD Hair straighteners, Chanel Fragrance, Corioliss GoGo Mini Titanium Straighteners for in car use
Health and beauty mystery gift – standard €5.99
Health and beauty mystery gift – deluxe €8.99”
Complaint
The complainant bought the deluxe option for €8.99 and considered that she had been misled by the advertising. She said what she received in her order did not equate to what was advertised. She received the following items:
1. A pack of six assorted peel off nail polishes
2. A pack of assorted blending sponges
3. Eyebrow stencil tool
The complainant considered the items received were inferior to what was advertised.
Response
The advertisers said that the products received by the complainant exceeded the amount which they had sold the mystery gift for. They said the items in question were also available to purchase on an individual basis online from their supplier. They outlined the value of the products as follows:
1. A pack of six assorted peel off nail polishes €9.04
2. A pack of assorted blending sponges €18.08
3. Eyebrow stencil tool €9.04
The advertisers said the complainant should have received one of the following options:
• Six Peel Off Nail Polish, blending sponge
• Schwarzkopf Essence Ultime Crystal Shine Spray, 24-piece eyebrow stencil kit
• Body Shop Indian Jasmine shower gel, pretty detangle brush, Max Factor Lipfinity Lip Tint nude
• Peel Off Mask 100ml tube, eyebrow stencil tool, facial threading tool
• Max Factor Max Effect Dip In Eye Shadows, paintbrush style foundation brush, invisible lip liner
• Mac make-up bundle
• Gucci Belt
• Bobbi Brown make-up bundle
• YSL cosmetics
• Urban Decay Pallets
• Estee Lauder Advance Serum
• Sissley serum
• Braun Silk Epil Skin Spa Exfoliator
The advertisers said the point of their deal was that customers would receive a ‘mystery gift’ and would not know exactly what they were going to receive. They said had it been the case that customers were to receive every item on the list then the deal could not be described as being a ‘mystery gift’.
Conclusion
Complaint Upheld.
The Complaints Committee considered the detail of the complaint and the advertisers’ response. They noted the specific options listed under each individual package and that there was no indication that customers would receive only one of these options as specified by the advertisers. In addition, however, they noted that while the complainant had paid for the deluxe option that some of the items which she received appeared to be from the standard option range.
The Committee concluded that if the ‘mystery gift’ consisted of one option from the list of products referenced, this should have been clearly indicated in the advertising. In the circumstances the Committee considered the advertising to be in breach of Sections 4.1, 4.4, 4.9, 4.10 and 4.22 of the Code.
ACTION REQUIRED:
The advertisement should not be used in its current format again and the advertisers should exercise greater care in the preparation of similar offers to ensure that consumers know how many items they will receive prior to purchase.
