The Kilkenny Shop offered the following by email to those on their mailing list.
“Kilkenny Promoting Irish Design
Sale Now On
Up to 50% off
Massive May Sale Now On
6 Days only, Must End Bank Holiday Monday!
Up to 50% off
In Stores and Online
Free €50 Hotel Voucher with ALL Purchases
Free Online Delivery Promotions
Unbeatable Special Offers”
The complainant queried how the advertisers could refer to the fact that everything was reduced when this information was asterisked to the fact that exclusions applied. She said that she had wanted to purchase a Newbridge silver item and it was only available at full price.
The advertisers said that they were always disappointed when their customers were unhappy. In this case, however, they considered the complaint to be unjustified as they had made it clear by way of an asterisk that exclusions were applicable to their sale. They said that the complainant had even made reference to this fact in her complaint. They also said that while the item of Newbridge silverware which the complainant wished to purchase was not available in the sale, they did have other selected Newbridge items at sale prices. In all they said that there were only three brands that had not been reduced in their sale, one of which was some of the Newbridge silver range.
The Complaints Committee considered the detail of the complaint and the advertisers’ response. They reminded retailers that it was not acceptable to publish offers which suggested that all stock was subject to a particular reduction or on sale while providing for exclusions, even where the headline is limited by way of an asterisk or similar to the qualification. The Committee concluded that the advertising had breached Sections 2.22 and 2.24 of the Code.
The advertisement must not be used in the same format again.