iol The advert that was sent to the ARB with the complaint. Picture: Supplied
Image: File
A consumer complaint to the Advertising Regulatory Board over food ordering platform Mr D's misleading advertising has been upheld.
The complaint referred to advertisements posted from time to time on the Mr D food mobile app offering discount codes for orders over a certain value.
The consumer said they had attempted to make use of the discount code but received a message at check-out which said that the promo code could not be applied as the coupon had reached its maximum usage.
The consumer further said that this was a regular occurrence with the advertiser on the app.
"Sometimes they offer codes for free delivery and sometimes codes for other types of discounts.
"This has happened and was reported to Mr D on several occasions, but they are not bothered by this."
The consumer said even though these codes are not redeemable they remain on the app as "bait".
"Some buyers fall for this and when they get to the checkout screen and the code does not work they will still proceed to pay while some may cancel the order."
The consumer reiterated that this is not a once-off incident adding that this is a recurring practice by MRD.
In their concluding remarks, the consumer found this practice to be intentional and deceitful.
In its response, the advertiser, which is Takealot Online, said they do not submit to the jurisdiction of the ARB and referred the consumer to the Terms and Conditions on their website.
The ARB in its ruling said that while the advertiser's Terms and Conditions make it clear that there is a separate terms and conditions for each coupon or discount code,
"However not only is it impossible for consumers to know which terms apply to which offer, but the advertisement does not in any way indicate that the promotion is subject to conditions at all.
"At the absolute minimum, there should be an asterisk next to the offer and an easy link to the relevant terms on the app."
The Directorate ruled that members were not to accept advertising in its current form, where the advertising does not alert the consumer to limitations on discount offers.
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