6 May 2020

Multiple complaints were raised in respect of a marketing email and an advertisement appearing on Boohoo’s website.

The email read “UP TO 60% OFF EVERYTHING* + AN EXTRA 10% OFF DRESSES, TOPS AND JUMPSUITS*”. Smaller writing next to the asterisk read “Up to 60% off everything is automatically applied and applicable to selected lines only… ** Use code PARTY10 for an extra 10% off dresses, tops & jumpsuits. Excluding sale and applicable to selected lines only…” The ASA found that the email was misleading because the 60% off claim did not apply to “everything”. Even though the offer was clarified, this was not sufficient to detract from the overriding claim that all items were discounted.

The Boohoo website featured an advertisement reading “UP TO 75% OFF ABSOLUTELY EVERYTHING + AN EXTRA 10% OFF! CODE: EXTRA. ENDS 10PM” and “FREE NEXT DAY DELIVERY ENDS IN: 00:50:45”. However, at 10pm, the website was updated with the words “UP TO 75% OFF ABSOLUTELY EVERYTHING + AN EXTRA 10% OFF! CODE: EXTRA. ENDS 11PM” and “FREE DELIVERY ENDS IN: 00:59:17”. The ASA upheld the complaints made on the basis that the free delivery and discount offers reset after the clock reached zero, despite the indication that the promotions were time limited.

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