Debonairs ordered to withdraw “free delivery” advertising
Marketing 37
After a complaint to the Advertising Standards Authority (ASA) claimed that Debonairs Pizza was misleading consumers through the use of the words "free delivery" as it was charging a delivery fee, the pizza-maker has been ordered to withdraw the statement from its menus.
Although "free delivery" was offered on the outside of the menu, a disclaimer at the bottom of the back cover stated that “a minimum order of R30 is required to qualify for the delivery... Debonairs Pizza reserves the right to charge a delivery fee if deemed necessary”.
According to Debonairs, the wording allowed the company to charge a fee for delivers beyond a 5km radius. Customers were informed if this was the case. All its advertising included the words "conditions apply" in order to cover the conditions associated with the wording, it said.
The ASA directorate ruled, however, that the menus had been examined, and the clause was not found anywhere. The directorate added, “In any event, even if it were present, a material term to an offer should be clearly stated”. According to the ASA, the statement that Debonairs relied on could not “suffice as it [was] not clear on what terms and conditions a customer will be charged a delivery fee”.
The words “free delivery” were more prominent that any other aspect on the menu, and any consumer would interpret it as meaning delivery was freed. "Even if the broad disclaimer relied on by the respondent was sufficient, this statement appears in a small font at the bottom of the back of the advertisement”.
The ASA ordered the franchise to withdraw the advertisement, and ordered Debonairs to withdraw the advertisement with immediate effect and to avoid using it in its present format again.
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