ASA unwraps High Seat’s misleading festive delivery guarantee
Who: The Advertising Standards Authority (ASA) and High Seat Ltd
Where: United Kingdom
When: 12 February 2025
Law stated as at: 7 March 2025
What happened:
High Seat Ltd, a furniture retailer, posted advertisements on their website, in two emails and in a leaflet.
The website was headed “Comfort in Time for Christmas” and the text underneath stated “Order by 13th November to guarantee delivery before the big day. T&C’s apply”. A terms and conditions page stated “Christmas cut off dates may vary by product and are subject to change, please ask in-store for details”.
The first email stated, “Comfort in time for Christmas…Order by 13th November *T&Cs apply”. This was followed by “Don’t miss your chance to get comfort in time for Christmas…You have until 13th November to guarantee delivery before the big day”. The asterisk linked to small print at the bottom of the email that stated “Christmas cut-off dates may vary by product and are subject to change, please ask in-store for details”. The second email featured text at the top, stating “Just 10 days left to get guaranteed Christmas delivery”.
The leaflet featured text stating “Comfort in time for Christmas…Save up to 25%* Ends 13th November Order now for guaranteed Christmas delivery…Order before November 13th for free delivery and assembly in time for Christmas”. The asterisk linked to small print at the bottom of the leaflet which stated “Christmas cut-off dates may vary by product and are subject to change, please ask in-store for details”.
A complainant challenged whether the claim of guaranteed delivery by Christmas was misleading after they had been notified that their item would not be delivered until February or March 2025 despite placing the order on 2 November 2024.
In response to the complainant’s challenge, High Seat stated that its terms and conditions (T&Cs) were consistent and present in all its advertisements, indicating that cut-off dates for delivery before Christmas varied by product and were subject to change. Due to this, customers were invited to ask in store for details to confirm that their desired product was available in time for Christmas. High Seat also noted that the fabric availability frequently changed due to demand and that the stores were regularly updated on out of stock products and fabrics.
The ASA’s ruling
The ASA found that the various claims made, such as: “Comfort in Time for Christmas”, “Order by 13th November to guarantee delivery before the big day”, “Don’t miss your chance to get comfort in time for Christmas”, “Just 10 days left to get guaranteed Christmas delivery” and “Order before November 13th for free delivery and assembly in time for Christmas”, would be interpreted by a consumer to mean that they would be guaranteed delivery before Christmas, if they ordered before 13 November.
It considered that the availability of specific products and fabrics for delivery in time for Christmas would be a significant factor for consumers when deciding whether to make a purchase. The ads did not disclose that certain products were excluded from the guaranteed Christmas delivery offer, and the ASA considered that this was significant information that would affect consumers’ understanding of the ads and the claims made.
The ASA did consider that the ads included qualifying information regarding delivery times and did explain that Christmas cut-off dates varied by products and that these were subject to change at specific stores. However, it found that, on the website ad, an asterisk was not included next to the reference to “T&Cs” and, therefore, consumers were required to search for the information needed on the website. The emails and leaflet ads did, however, contain asterisks next to “T&Cs” references, linking to small print at the bottom, requiring customers to scroll down to find that information. The ASA considered that this important qualifying information was not sufficiently prominent in each of the ads in question for consumers to be aware that not all items qualified for guaranteed delivery before Christmas.
Overall, the ASA concluded that the claims of guaranteed delivery in the ads were misleading. The ASA informed High Seat that the ads must not appear again in their current form. High Seat must ensure that its future marketing communications include all significant limitations and qualifications in a prominent place.
Why this matters:
This ASA’s ruling highlights the importance for businesses to ensure that any guarantees made in advertisements are clearly communicated and that any limitations or conditions affecting these guarantees are prominently displayed. This ruling also highlights the importance of ensuring that all significant information (such as a link to the applicable T&Cs) is prominent and that a consumer does not have to unnecessarily search for this vital information. For a business, misleading advertising can lead to customer dissatisfaction and potential reputation damage – of which this ruling is an important reminder.
