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Bulletin: 21/1
Batch: 267
Reference: 36046
Product: Online Retailer
Advertiser: MyCityDeal Limited (Groupon UK)
Agency:
Medium: Internet (Company Website)
ASAI Code 7th Edition: 2.4(c), 4.1, 4.4, 4.9, 4.10
The landing page of the account of a Groupon customer included details of offers that were trending that day. One of the offers featured a restaurant and included the following wording:
“Delivery or Takeout” which appeared on an image.
“€37.50 From €24.99 33% off
For two: any pizza with a dip and drink valid; Monday – Friday”The Offer webpage included the same image that also contained the words “Delivery or Takeout”.
The page also provided further details of the offer:
“Highlights
A wide range of pizzas, including Sano specials, is ready to be paired with beer or wine; no booking required.”And also included the terms and conditions of the offer which stated:
“The Fine Print
To order a takeaway to collect call the merchant on XXX and provide your Groupon and security code.”The complainant considered that the advertising was misleading as it had stated that the voucher could be redeemed either by delivery or as take out when it was only possible to use the voucher for takeout by collection. The complainant purchased a voucher and wanted to avail of the offer by delivery. On enquiring, the complainant was advised that the restaurant offered a delivery service through a third-party food delivery service only, and that the voucher could not be redeemed when using the delivery service.
The advertisers stated that they noted that the "delivery or takeout" wording was on the deal images but not in the deal wording. They said that it looked like this was originally included automatically due to the type of deal however, they have asked for it to be substituted with takeout-specific wording.
Complaint Upheld.
The Complaints Committee considered the detail of the complaint and the advertisers’ response. The Committee noted that the wording “delivery or takeout” had only appeared on the deal images and had not been included in the full offer details. They also noted that the terms and conditions had referred to takeout by collection. The Committee considered, however, that it was reasonable for a consumer to expect that the offer was available for delivery and as it had not been, the advertisement was in breach of Sections 4.1 and 4.4 of the Code.
Action Required: The advertisement should not appear in its current form again.
The Complaints Committee noted that the advertisers were to request that the offer images were corrected.