Asda returns ad banned

An ad for Asda's new 100-day returns policy was banned for presenting the basic consumer right as a bonus of shopping at the supermarket chain, a watchdog said today.













The retailer introduced the policy across its clothing range in March, claiming it wanted to halt the increase of "throwaway" fashion on the high street.



The move came months after rival Marks & Spencer cut its 90-day returns deadline to 35 days, to the anger of customers.



A television ad for the clothing label George at Asda said: "At George, we know what makes a difference; the quality and feel of the fabric, the stylish cut, the stitching, colours that stay colourful, extensive testing and the finer details... and that's why, at George, we now offer a 100-day quality guarantee on all our clothes, so you can enjoy quality that lasts. Yes, that's George, exclusively at Asda."



On-screen text said the offer excluded footwear, jewellery and accessories not made from cloth.



A viewer objected that the 100-day guarantee was misleading because consumers had more time to return items that were not of an acceptable quality under the Sale of Goods Act.



Defending the ad, Asda said employees were briefed on the difference between a "faulty" list, which detailed defects covered by the Sale of Goods Act, and a "quality" list covered by the 100-day guarantee including fabric bobbling, pulled threads, shrinking, stretching and colour fading.



The guarantee also allowed customers to return clothes within 100 days because they changed their mind, a point of difference from other retailers, Asda said.



However the retailer said it regretted any confusion and said it would clarify the extent of the guarantee in future advertising.



The Advertising Standards Authority (ASA) upheld the complaint, pointing out that legislation allows consumers up to six years to bring an action for breach of contract.



It added that the onus is on the seller if a consumer complains about quality up to six months following purchase.



The ASA said: "We considered that consumers were likely to expect even low-price clothes to last 100 days (just over three months) without the fabric quality deteriorating by, for example, bobbling or stretching or fading in colour, and considered that the George 100-day guarantee, as presented in the ad, did not offer any more consumer protection, in relation to the obligation for a seller to provide goods of a satisfactory quality, than that already available under statutory legislation.



"We also concluded it was likely to mislead by giving the impression consumers only had 100 days in which to return faulty products, when that was not the case."



It ruled that the ad breached regulations relating to exaggeration and misleading advertising and must not appear again in its current form.

Start your day with The Independent, sign up for daily news emails
Have you tried new the Independent Digital Edition apps?
ebooks
ebooksAn introduction to the ground rules of British democracy
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
SPONSORED FEATURES
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs Media

Recruitment Genius: Trainee Social Media Account Writers

£12000 - £13000 per annum: Recruitment Genius: This social media management pr...

Ashdown Group: Deputy Editor (Magazine Publishing) - Wimbledon - £23-26K

£23000 - £26000 per annum + Benefits: Ashdown Group: Deputy Editor - Wimbledon...

Ashdown Group: Editor (Magazines/Publishing) - Wimbledon - £26-30K

£26000 - £30000 per annum + Benefits: Ashdown Group: Editor (Magazines/Publish...

Ashdown Group: Print Designer - High Wycombe - Permanent £28K

£25000 - £28000 per annum + 24 days holiday, bonus, etc.: Ashdown Group: Print...

Day In a Page

Isis profits from destruction of antiquities by selling relics to dealers - and then blowing up the buildings they come from to conceal the evidence of looting

How Isis profits from destruction of antiquities

Robert Fisk on the terrorist group's manipulation of the market to increase the price of artefacts
Labour leadership: Andy Burnham urges Jeremy Corbyn voters to think again in last-minute plea

'If we lose touch we’ll end up with two decades of the Tories'

In an exclusive interview, Andy Burnham urges Jeremy Corbyn voters to think again in last-minute plea
Tunisia fears its Arab Spring could be reversed as the new regime becomes as intolerant of dissent as its predecessor

The Arab Spring reversed

Tunisian protesters fear that a new law will whitewash corrupt businessmen and officials, but they are finding that the new regime is becoming as intolerant of dissent as its predecessor
King Arthur: Legendary figure was real and lived most of his life in Strathclyde, academic claims

Academic claims King Arthur was real - and reveals where he lived

Dr Andrew Breeze says the legendary figure did exist – but was a general, not a king
Earth has 'lost more than half its trees' since humans first started cutting them down

Axe-wielding Man fells half the world’s trees – leaving us just 422 each

However, the number of trees may be eight times higher than previously thought
Theme parks continue to draw in thrill-seekers despite the risks - so why are we so addicted?

Why are we addicted to theme parks?

Now that Banksy has unveiled his own dystopian version, Christopher Beanland considers the ups and downs of our endless quest for amusement
Tourism in Iran: The country will soon be opening up again after years of isolation

Iran is opening up again to tourists

After years of isolation, Iran is reopening its embassies abroad. Soon, there'll be the chance for the adventurous to holiday there
10 best PS4 games

10 best PS4 games

Can’t wait for the new round of blockbusters due out this autumn? We played through last year’s offering
Transfer window: Ten things we learnt

Ten things we learnt from the transfer window

Record-breaking spending shows FFP restraint no longer applies
Migrant crisis: UN official Philippe Douste-Blazy reveals the harrowing sights he encountered among refugees arriving on Lampedusa

‘Can we really just turn away?’

Dead bodies, men drowning, women miscarrying – a senior UN figure on the horrors he has witnessed among migrants arriving on Lampedusa, and urges politicians not to underestimate our caring nature
Nine of Syria and Iraq's 10 world heritage sites are in danger as Isis ravages centuries of history

Nine of Syria and Iraq's 10 world heritage sites are in danger...

... and not just because of Isis vandalism
Girl on a Plane: An exclusive extract of the novelisation inspired by the 1970 Palestinian fighters hijack

Girl on a Plane

An exclusive extract of the novelisation inspired by the 1970 Palestinian fighters hijack
Why Frederick Forsyth's spying days could spell disaster for today's journalists

Why Frederick Forsyth's spying days could spell disaster for today's journalists

The author of 'The Day of the Jackal' has revealed he spied for MI6 while a foreign correspondent
Markus Persson: If being that rich is so bad, why not just give it all away?

That's a bit rich

The billionaire inventor of computer game Minecraft says he is bored, lonely and isolated by his vast wealth. If it’s that bad, says Simon Kelner, why not just give it all away?
Euro 2016: Chris Coleman on course to end half a century of hurt for Wales

Coleman on course to end half a century of hurt for Wales

Wales last qualified for major tournament in 1958 but after several near misses the current crop can book place at Euro 2016 and end all the indifference