The Gadget Shop argued all the marketing and promotional items were on one page.
“The Complainant (Van Zyl) does not have to click three or four times before he sees the stipulated terms and conditions of the promotion. One just has to scroll from top to bottom of the e-mail‚” the company said.
It added there is an asterisk next to the word “everything” in “30% off everything”.
“The movable image clearly shows in the first frame that selected products and promotional items are excluded in this promotion.”
The ASA ruled a reasonable person would be misled by the e-mail advertisement.
“Its first appearance is at the beginning of the email. It reads ‘Get 30% off everything for a limited time only’. There is no asterisk‚ and there is no disclaimer‚” the ASA ruled.
“Below this is a long email‚ which a consumer would need to scroll down‚ setting out the various products on offer‚ with links to ‘shop now’. Only at the very end does the claim appear again‚ asterisked and disclaimed.”
The ASA added the word “everything” is not open to interpretation.
“It does not mean ‘some things’ or ‘most things’. It means everything. A consumer would not expect it to mean anything different.”
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