Description:
A promotional email offered customers a [maximum] percentage discount off their next [minimum] pick-up order when they applied a discount code prior to checkout.
Terms and conditions outlined at the bottom of the email stated that the ‘offer’ expires 3 days from email receipt and that the discount code expires 30 days after it is applied to the customers’ account.
Complaint:
The complainant alleged the advertising was false and misleading because, despite actioning as instructed in the email, he did not receive the discount code needed to redeem the promotional offer.
Response:
In its response to Council, the advertiser advised that the offer was a limited offer and the discount code was only available while supplies last. However, due to an internal issue resulting from a disconnect between the team who structured the promotional offer and the team who prepared the advertisement, the advertisement did not include that limitation. The complainant did not receive the discount code required to redeem the offer because supply of the discount code was no longer available when the complainant placed their qualifying order.
Decision:
Council appreciated the advertiser’s response, and considered the complaint together with the advertiser’s submission.
Given the Code violation was obvious, and the advertiser acknowledged there was a mistake with the advertisement at issue and confirmed that the erroneous advertisement is no longer running, Council determined a debate of the complaint’s merits was not necessary and unanimously held that there was a violation of Clause 1(b) of the Code.
Infraction:
Clause 1(b)
