Description:
The advertiser’s webpage offered a laptop for sale and displayed various accessories including a stylus (pencil) and a sleeve that could be used with the laptop. The sleeve reference contained a “1” in superscript directing consumers to disclaimer language located at the bottom of the webpage that informed consumers, among other things, that specifications, availability and warranty may vary by country/territory and therefore to check with local dealers/retailers.
Complaint:
The complainant claimed the webpage was false because when he received the laptop, it was missing ‘critical accessories’, including the stylus, sleeve and backpack. The complainant stated that the webpage did not clearly disclaim that these items shown would not be included with his purchase of the laptop.
Response:
In its response to Council, the advertiser asserted that the webpage was not misleading. While product images may depict optional accessories to illustrate functionality, no claim was made that these items were included with the purchase of the laptop. In fact, the advertiser submitted, the opposite was true in that the product page clearly states the accessories are optional, and the availability of the accessories may vary by country. Furthermore, ASUS also advises customers to check with local retailers for details on what is included.
Decision:
Council appreciated the advertiser’s response, and considered the complaint together with the advertiser’s submission.
First, Council could not find reference on the webpage to the backpack referred to in the complaint.
In its deliberations, Council noted the advertisement was ambiguous in terms of what was included with the laptop. Council found use of the descriptor ‘optional’ when describing the available accessories to be unclear, subjective, and open to interpretation. One Council member said that ‘optional’ doesn’t necessarily mean the accessory is not included, but rather that you don’t have to use it.
Despite any language to the contrary, such as, ‘optional’ or ‘may differ’, Council was of the view that the imagery presented the stylus and sleeve as though they were part of the product offering.
Council also concluded that because the sleeve reference was boldly flagged within the heading directing to a disclaimer, but the stylus reference was not linked to a disclaimer, that gave a greater impression that the stylus was included with the laptop.
When it came to the disclaimer itself, Council found it difficult to find given it was located at the bottom of a long webpage requiring consumers to have to scroll down to find it, and further noted that the ‘buy’ button was located at the top of the webpage. In addition to the location, Council also found the language of the disclaimer related to availability varying to be vague and suggested language such as ‘sold separately’ would have been more helpful to consumers.
For all of the above reasons, Council held that the pertinent details of the ad were not clearly and understandably stated, and that the ad contained inaccurate, deceptive or otherwise misleading claims, statements, illustrations or representations, in violation with Clauses 1(a) and 1(c) of the Code.
Infraction:
Clause 1(a), Clause 1(c)
