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Home Rulings TOYSRUS.CO.ZA / TOY HATCHLINGS PEACAT / SANJAY PATHER / 2018-7137F

TOYSRUS.CO.ZA / TOY HATCHLINGS PEACAT / SANJAY PATHER / 2018-7137F

 Mr Pather lodged a consumer complaint against ToysRUs’ website advertisement, accessed at https://www.toysrus.co.za/hatchmals-twins-purple-egg.html.

 The advertisement features images of toys on offer, and states the following:

"Hatchimals Surprise Peacat

Hatchimals

                                                                        R699.90 R999.99

COMPLAINT

The Complainant argued the claim that the toy is sold at R699.90 is misleading, as he was informed at ToysRus in Stoneridge that the advertised price was applicable for online orders only, and not for purchases made in stores. 

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 price of R699.00 was a result of a system issue on the ecommerce platform, and once it was made aware of this, the price was adjusted accordingly. The price of the Hatchimals product was R999,90 on store systems; however, the price reflecting on the website was R699,90. It indicated that a consumer buying online would have seen the amount of R999,90 on check out too.

The Respondent also submitted that it is happy to honour this price, should this be the correct manner in which to deal with the issue.
 

ASA DIRECTORATE RULING

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

Clause 4.2.1 of Section II stipulates that "Advertisements 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 ASA has a long-standing principle which holds that where an advertiser provides an unequivocal undertaking to withdraw or amend its advertising in a manner that addresses the concerns raised, the undertaking may, at the discretion of the ASA, be accepted without considering the merits of the matter.

The Respondent has removed the advertising in question.

This undertaking appears to address the concerns raised by the Complainant, and it is therefore accepted on condition that the advertisement is not used again in the current format in future.

The Respondent’s attention is also drawn to the provisions of Clause 15.5 of the Procedural Guide, which effectively requires it to withdraw the advertisement in question from any and all media in which it may appear.

 

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