The advertisers’ website included the following information in relation to their delivery service for Mother’s day:
“We're still taking orders
Order your Mother's Day Flowers before 4pm for delivery tomorrow”.
The complainant said that having viewed the advertising he placed his order by telephone at 12.45pm. Having spent time placing his order, he was then informed by the operator that in fact due to the volume of business they had received, they would not be able to deliver his order until the following day (Monday) i.e. the day after Mother’s Day. The complainant said that he had been misled by the advertising.
The advertisers offered their apologies to the complainant for any disappointment caused by their advertising. They said that their terms and conditions had referenced the fact that “at peak times the same day, am/pm and 3 hour delivery services may not be available in all areas”. They advised that they had since added this reference on their delivery information page.
The Complaints Committee considered the details of the complaint and the advertisers’ response. The Committee noted the steps taken by the advertisers to include the disclaimer in relation to delivery timeframes on the delivery information page of their website. They considered, however, that this amendment alone was not sufficient. The Committee considered that the disclaimer should have been stated in the banner advertisement. The Complaints Committee considered that the advertising was in breach of Sections 4.4, 4.9 and 4.10 of the Code.
The advertising should not be used in the same format again.