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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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Assistant: Thank you. Can you provide any more details to

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hello
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: we got an email from asa.org.uk
Submitted: 4 months ago.
Category: Law
Expert:  Jamie-Law replied 4 months ago.

Hello my name is ***** ***** I will help you with this.

Could you please explain your situation a little more?

Customer: replied 4 months ago.
Hi,We have an online shop selling made to order dresses. in the previous question we put all the informations we got and all the correspondance with ASA. What more would you need to know?
Customer: replied 4 months ago.
I'll repaste the question here because I am not sure if you got the whole transcripthi
we got an email from ASA https://www.asa.org.uk/ saying we are under investigation forAd A website, www.aislestyle.co.uk, for a dress retailer, seen on 25 July 2016, stated “WEDDING DRESS … BRIDESMAIL DRESS … PROM DRESS … WEDDING PARTY DRESSES … SPECIAL OCCASION DRESSES … EVENING DRESSES”. Thead also included various promotions, for example “Order 300+ Free Shipping Sign Up for £5 COUPON” and “Bestseller bridesmaid dresses … UP TO 55% OFF … Order £8 off”. Under the heading “Order & Delivery” the ad stated “We have partnered with a number of reputable shipping companies including Royal Mail, DPD and so on.” Product prices in the ad were given in British pounds sterling. On the “About Aisle Style” page, text stated “Aisle Style UK was founded in 2007 … Our factory is located in China, in the city of Suzhou.” The “Contact Us” page stated “[number] HIGH ROAD, WOOD GREEN, LONDON, this address is only billing address [sic]”.
The ad also featured a photograph and description of a wedding dress. The ad stated “2016 V Neck Lace Bodice Tea Length A-Line Lace Bodice Short Tulle Wedding Dress with Sequinned Back”. An additional wedding dress included a photograph of the product alongside the description “Nectarean A-Line Spaghetti Straps Lace Applique Floor-length Chiffon Wedding Dress”. The website also included a bridesmaid dress described as “Short Sleeved Lace Trimmed V Neck Knee Length Champagne Tulle Bridesmaid Dress”
Issue 1. The complainant, who understood the advertiser was based in China, challenged whether the ad was misleading because it gave the impression that they were based in the UK.
2. The complainant, who believed the photographs of the dresses did not accurately represent the products received, also challenged whether they were misleading
Investigated under CAP Code (Edition 12) rules 3.1, 3.3, 3.4 and 3.4.2 (Misleading advertising) and 3.7 (Substantiation).in our opinion we do not agree. because the billing address is a requirement of the payment gateway, we do not use it as promotional material. In addition it is clearly said on the website that it is a billing address "Billing Address:"CNFIRST TRADE LTD,DEPT 906,***** WOOD GREEN, LONDON, this address is only billing address". In the about us, the custom tax section and the faq we clearly state that the dresses come from our factory in china.Then they say that our pictures do not reflect our product. But our pictures are the products that we sell, but every dress is hand made and therefore cannot always be 100 % the same. What do you think?
Expert:  Jamie-Law replied 4 months ago.

What is it you want to achieve? Are you in the UK? Is the customer in the UK?

Customer: replied 4 months ago.
Hello, the customer is in the UK. We want to know their claim is founded or not
Customer: replied 4 months ago.
We are in China
Expert:  Jamie-Law replied 4 months ago.

So is this a U.K. Law or china law question?

Customer: replied 4 months ago.
UK Law
Expert:  Jamie-Law replied 4 months ago.

Ok. I do not quite understand what your question is?

Customer: replied 4 months ago.
This is what thez complain about:1. The complainant, who understood the advertiser was based in China, challenged whether the ad was misleading because it gave the impression that they were based in the UK.
2. The complainant, who believed the photographs of the dresses did not accurately represent the products received, also challenged whether they were misleading
Investigated under CAP Code (Edition 12) rules 3.1, 3.3, 3.4 and 3.4.2 (Misleading advertising) and 3.7 (Substantiation).in our opinion we do not agree. because the billing address is a requirement of the payment gateway, we do not use it as promotional material. In addition it is clearly said on the website that it is a billing address "Billing Address:"CNFIRST TRADE LTD,DEPT 906,***** WOOD GREEN, LONDON, this address is only billing address". In the about us, the custom tax section and the faq we clearly state that the dresses come from our factory in china.Then they say that our pictures do not reflect our product. But our pictures are the products that we sell, but every dress is hand made and therefore cannot always be 100 % the same.
Customer: replied 4 months ago.
the questino is do thez have a legit case
Customer: replied 4 months ago.
because in our opinion we didn't do anything wrong.
Customer: replied 4 months ago.
How can someone complain that the UK company adress used for billing is misleading on our location when we display at 3 different places on our website that we are in China?
Expert:  Jamie-Law replied 4 months ago.

But who is contacting you saying they have?

Customer: replied 4 months ago.
Someone that calls himself
Tom Marshall
Investigations Executive
Advertising Standards Authority
www.asa.org.uk
Customer: replied 4 months ago.
It isn't the customer, and we don't know which customer it is or if there is even a customer behind this
Expert:  Jamie-Law replied 4 months ago.

Ok. So what is it you want to achieve?

Customer: replied 4 months ago.
we just want to know if we must take it seriously, or is it just someone trying to get money from us with a frivolous claim
Expert:  Jamie-Law replied 4 months ago.

If you are in China then it makes no difference. They can not get money out of you there.

The UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (CAP Code) is the rule book for non-broadcast advertisements, sales promotions and direct marketing communications in the United Kingdom

The ASA regulates adverts and they want compliance with the code. The email is from the ASA - they just want you to comply with the code. So someone is not just after money as that is not what the ASA is about. They want adverts to comply with the code.

Can I clarify anything for you about this today please?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 1713
Experience: Solicitor
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