Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A website, www.toywatchsale.co.uk, selling ToyWatch luxury watches:
a. The home page featured the ToyWatch logo and images of watches for sale.
b. The 'About Us' page featured text that stated "The toywatchsale.co.uk was established online in 2010. Since then, it has developed a reputation for offering the best choice at the best price, making it one of the premier online watch stores. We are an authorised dealer of toy watch brand available on our site, meaning every purchase made is an authentic product complete with full manufacturer's guarantee. You can rest assured that purchasing online at the toywatchsale.co.uk is safe and secure. There are many websites selling watches that are not authorised to do so, so don't waste time on fakes! 'In Stock' means just that: in stock and ready for dispatch. Our websites use an effective stock management system that means we can only sell items available for dispatch. We offer a full 'no hassle' refund policy so, if for any reason you are unhappy with your purchase, you can return it to us for a full refund or exchange (provided, if not faulty, it is in brand new and unworn condition) within 30 days of delivery. We take care to make our after-sales service as effective as possible, so our customers can enjoy a hassle-free transaction". Under the heading "About ToyWatch" were reviews and information about the ToyWatch brand.
c. The 'Returns' page featured text that stated "toywatchsale.co.uk has made every effort to display items as accurately as possible if any item is not quite what you required don't worry we offer a 14 day money back and 30 days for an exchange guarantee, from the day you received the item. Providing the item is unworn and in pristine condition with its original packaging and all the relevant documentation. All the above is in addition to your statutory rights. When refunding the customers original postage charges are not refunded unless goods are damaged or faulted. If goods arrive damaged please notify us within 2 days. We will accept no liability for items said to be faulty or damaged on delivery if not notified within this time scale. Goods should be returned back to toywatchsale.co.uk by special delivery or Recorded delivery. This will ensure proof of delivery. Refunds will be given by the same method used to pay for the goods and will be refunded as soon as the item has been received and checked."
Issue
The complainant challenged whether:
1. the images and claims in ads (a) and (b) that implied that the advertiser was an authorised seller of the official ToyWatch brand and that the products they sold were genuine ToyWatch products were misleading and could be substantiated; and
2. the claims in ad (c) were misleading, because they had been unable to return a faulty item.
Response
Toywatchsale.co.uk did not respond to our enquiries.
Assessment
The ASA was concerned by Toywatchsale.co.uk's lack of response and apparent disregard for the Code, which was a breach of CAP Code clause 1.7 (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.
1. & 2. Upheld
We considered that the use of the ToyWatch logo in conjunction with the claims and images featured on the website suggested that Toywatchsale.co.uk was an authorised seller of the official ToyWatch brand and the watches were genuine ToyWatch products. We contacted Toywatch S.p.A., the company that manufactured the official ToyWatch products, who confirmed that Toywatchsale.co.uk were not part of and had no connections with Toywatch S.p.A., and were not authorised by them to sell ToyWatch watches. We noted that the complainant had ordered two watches, both of which they believed were fake upon receipt, and in light of Toywatch S.p.A.'s comments, we concluded that ads (a) and (b) were misleading. We also noted that the complainant had attempted to return the products they had purchased in line with the returns policy in ad (c), but had not received a response from Toywatchsale.co.uk. In the absence of evidence to the contrary from Toywatchsale.co.uk, we concluded that the claims in ad (c) were misleading.
The ads breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising), 3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation. (Substantiation), 3.41 3.41 Marketing communications must not mislead the consumer about who manufactures the product. and 3.43 3.43 Marketing communications must not take unfair advantage of the reputation of a competitor's trade mark, trade name or other distinguishing mark or of the designation of origin of a competing product. (Imitation and denigration).
Action
The ads must not appear in their current form.
