ASA Adjudication on Ebuyer (UK) Ltd
Ebuyer (UK) Ltd
Off Ferry Road
Howden
East Yorkshire
DN14 7UW
Date:
10 October 2012
Media:
Internet (social networking)
Sector:
Retail
Number of complaints:
1
Complaint Ref:
A12-204412
Ad
An Ebuyer ad on Facebook for a child's trike stated "£24.99 DELIVERED*" and "Free delivery*". Further text stated "*Please note excludes Northern Ireland, Eire, Scottish Offshore, Scottish Highlands, Channel Islands and Isle of Man".
Issue
The complainant challenged whether the claim "free delivery" was misleading because they were unable to take advantage of the 'free delivery' offer despite not living in the exclusion zones.
CAP Code (Edition 12)
Response
Ebuyer (UK) Ltd (Ebuyer) did not respond to the ASA's enquiries.
Assessment
Upheld
The ASA was concerned by Ebuyer's lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.
Because Ebuyer had not demonstrated that free delivery was genuinely available to all consumers who did not live in the exclusion zones referred to in the ad, we concluded that the claims "£24.99 delivered" and "Free delivery" were misleading.
The ad breached CAP Code (Edition 12) rules 3.1, 3.3 (Misleading advertising), 3.9 and 3.10 (Qualifications).
Action
The ad should not appear again in its current form. We referred the matter to the CAP Compliance Team.
