A posting on the Kilkenny Shop Facebook page stated:
“From dazzling jewellery to quirky keepsakes, there is something for everyone to love this Valentines at Kilkenny! We will also be giving a special gift to you – from February 5th to 14th get an exclusive €25 voucher to spend in store with every purchase over €75*! Click for details: http://www.kilkennyshop.com/tandc
Love Kilkenny, Shop Valentine’s Day. Free €25* Voucher*
www.kilkennyshop.com *T&C’s apply.”
The complainant viewed the terms and conditions of the offer and noted that to avail of the free €25 voucher a consumer had to firstly spend €75, followed by a spend of €50 to use the voucher. In the light of this she considered that it was misleading to refer to the voucher as ‘free’.
The advertisers’ failed to respond to the complaint.
The Complaints Committee considered the detail of the complaint. The Complaints Committee noted that this was the second case in which the advertisers had failed to provide a response on this type of promotion. They expressed concern at the advertisers’ failure to engage with the ASAI and again reminded them that there is an onus on advertisers to ensure that their advertising is in conformity with the Code.
In the absence of a response from Kilkenny Shop, the complaint was upheld.
The advertisement must not reappear in its current form.