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Medium: Internet (Company Website)
ASAI Code 7th Edition: 2.4c, 3.10, 4.1, 4.4, 4.9, 4.10
A sponsored post on Facebook by Click.ie stated:
“Weekend Special €569 online and in Store, for an iPhone 7 Black and gold version in stock today, 200 euro lower than apple. Like our page, share and comment and be in the May draw for an iPhone 7.
Apple iPhone 7 32Gb Black, 14 day return policy, no happy, send it back:)
IN STOCK €779.00 Incl VAT: €569.00”
The Click.ie Website stated:
“iPhone 7 32 GB Gold Unlocked, Same Day Shipping
Apple iPhone 7 32GB Gold, in stock online and all stores.
IN STOCK €779.00 Incl. VAT €569.00
All phones are supplied in Grade A condition meaning pretty much as new. All phones we sell are checked by our engineers and are in excellent condition. We also provide a 12 month warranty with all of our products giving you greater peace of mind.”
The complainant viewed the advertisements and considered that the price comparison against the Apple price was unfair as the advertiser were selling refurbished (second-hand) phones while Apple were selling only new phones.
The complainant said that after initially viewing the Facebook post on his phone he clicked into the detailed description and then realised that the phones advertised were second-hand. He said that on the mobile version of the website, the description of the phone with the reference to being second-hand was collapsed and was therefore not seen by viewers until they actually clicked into the detail. He considered that the practice of advertising the phones with the full price of €779 striked out was misleading as it gave the impression they were selling new phones at a discount.
The advertiser acknowledged the complaint and requested full details of the complaint, however, they failed to provide a response to the complaint.
The Complaints Committee considered the detail of the complaint. They noted that the advertiser had received correspondence from the Executive and expressed concern at the advertisers’ failure to respond to the complaint. They 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 Click.ie, the Committee concluded that the advertisement was in breach of Code sections 3.10, 4.9 and 4.10 of the Code.
ACTION REQUIRED: The advertisement should not reappear in its current form.