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Home Rulings iSTORE / TRADE-IN ON MACBOOK / BRAAM VAN DEN BERG / 2018-7854F

iSTORE / TRADE-IN ON MACBOOK / BRAAM VAN DEN BERG / 2018-7854F

Mr van den Berg lodged a consumer complaint against iStore brochure.

The advertisement states, inter alia, 

"Let us help you switch to Mac. Trade in your PC and get up to R2500 towards a new MacBook Air or MacBook Pro”.

The image next to this offer is the same as that used to illustrate the MacBook Air 13 inch.

COMPLAINT

In essence, the Complainant submitted that he was informed that the trade-in option was not available on the model pictured next to the offer in the advertisement.

RELEVANT CLAUSE OF THE CODE OF ADVERTISING PRACTICE

In light of the complaint Clause 4.2.1 of Section II (Misleading claims) was taken into consideration.
 

RESPONSE

The Respondent submitted that the piece of material in question was a print advertisement that used the word "and” instead of "selected”. This was picked up and amended shortly after the material went to print (for all future material) as it was not consistent with the other campaign- thus all current and other campaign materials was not and is not affected. Together with the above, the campaign also carries a set of Terms and Conditions which refers to the website where available models are also clearly stipulated out.

The Respondent added that the piece of material in question was a once-off newspaper insert.

 

ASA DIRECTORATE RULING

The ASA Directorate considered all the relevant documentation submitted by the respective parties.

Clause 4.2.1 of Section II of the Code states that advertising should not contain any statement or visual presentation, which, directly or by implication, omission, ambiguity, inaccuracy, exaggerated claim or otherwise, is likely to mislead the consumer.

The Complainant submitted that he was told that the trade-in option was not available on the model used in the advertisement. The Respondent submitted that it has amended the advertisement in question to reflect that the option is available on selected Mac models.

The amended advertisement reads,
"Trade in your PC and get up to R2500* towards selected Mac models. *Terms and conditions apply”. 

The Respondent further submitted that the material complained of was a once-off newspaper insert.

The ASA has a long-standing principle which holds that where an advertiser provides an unequivocal undertaking to remove or amend its advertising in a manner that addresses the concerns raised, that undertaking may, at the discretion of the ASA, be accepted without considering the merits of the matter.

The Respondent’s confirmation that the advertisement has been amended appears to address the complainant’s concern, and is therefore accepted as an adequate resolution to the matter.

 

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