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Non-broadcast Adjudication.
Complaint
Objections to a magazine advertisement that was headed “Dolphin
Bathrooms summer sale” and claimed “absolutely everything half price”. A
footnote claimed “all offers based on current price list ...”.
The complainants, who believed the advertisers had not reduced
their prices, challenged the claim “absolutely everything half price”.
Adjudication —
Complaints Upheld
The advertisers said the advertisement stated that discounts
were based on the list price and every price in their published price list had
been reduced by 50% during the summer sale. They said the advertisement
made clear that, to qualify for the 50% offer, readers had to order at least a
bath or a shower enclosure, a wash basin and a WC.
The advertisers said each of their products had been excluded from
promotional offers for at least 28 days in the six months before the summer
sale. They explained that they tried not to sell bathrooms at the full
list price; if customers wanted to order a bathroom that was excluded from
promotional offers, the advertisers encouraged the customer either to choose
another bathroom that was discounted or to wait until the bathroom they had
chosen became eligible for promotions.
The advertisers sent a copy of their price list, dated June 2003.
They also sent letters to their sales designers dated 14 February, 14 March, 11
April and 9 May 2003; the letters listed products that should be sold at the
full list price for the next 28 days. They gave the Authority a letter to
their sales designers that confirmed that, during the summer sale, all the
products and services in their price list could be offered for 50% off the list
price.
The Authority considered that “sale” implied that, for a limited
period, the advertisers were selling their products for less than the usual
selling price. It noted the advertised products had been excluded from
promotional offers for one month in the six months before the advertisement
appeared and could have been discounted for the other five months.
The Authority considered that the evidence sent by the advertisers
did not prove that they ever charged their list prices. It concluded that
the advertisement was misleading and asked the advertisers not to claim they
were offering products “half price” unless they could show that they were
offering those products, for a limited period, for half the usual selling price. |
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