OMG - I'm not getting my ROSES from the MSE Weekly EMAIL, They sent me this! SIlly!

Exile_geordie

vuvuzela wrote: »

Proper working link http://www.asa.org.uk/Rulings/Adjudications/2013/9/Moneysavingexpertcom-Ltd/SHP_ADJ_224694.aspx

As for your 'bankrupt' comment, what a stupid thing to say. This particular promotion has clearly disappointed a lot of people, but to equate late or non-deliveries of flowers with bankruptcy is plain ridiculous. How can someone not getting 20 quid's worth of flowers send them bankrupt ?

Actually taking my whole post in its entirity(sp) then then final sentence doesnt just apply to this thread.

vuvuzela

Exile_geordie wrote: »

Actually taking my whole post in its entirity(sp) then then final sentence doesnt just apply to this thread.

So go on then, expand on how you feel that by them using MSE, this will lead to the bankruptcy of one of its users...

OlliesDad

I could understand your comments if it weren't for the capped amount of discount codes offered. The company obviously said that they are able to handle X amount of orders and therefore MSE published based on that. The company had supply issues and therefore failed on their promise.

How is that MSE's fault?

Slowhand

OlliesDad wrote: »

I could understand your comments if it weren't for the capped amount of discount codes offered. The company obviously said that they are able to handle X amount of orders and therefore MSE published based on that. The company had supply issues and therefore failed on their promise.

How is that MSE's fault?

What did the ASA say?

Exile_geordie

vuvuzela wrote: »

So go on then, expand on how you feel that by them using MSE, this will lead to the bankruptcy of one of its users...

There have been plenty of threads on here about offers being available and then when its been on the MSE email the company could not fulfill the orders or freebies so it wound everyone up on here yet not one thought about the company. If this is new to you then maybe you are not as observant asa you may think you are.


Slowhand - I dont think they have bothered to read the judgement..

Assessment

Upheld
We noted that the offer had been "blagged" by MSE for MSE users, and was therefore unique and not available from any other source. We also noted that in the initial arrangement between MSE and Arena, MSE were to receive payment for every sale Arena made to a MSE user. Therefore, although we acknowledged that MSE were not involved in the fulfilment of the offer, as they were involved in the creation of the deal, made it available to their users and would have benefitted financially, and in terms of their branding, if all had gone to plan, we considered they were jointly responsible for the promotion.

We understood that MSE had made what they believed to be reasonable checks regarding Arena's capacity to deliver the 500 MSE user bouquets. We noted, however, that a number of MSE customers, along with other consumers who had ordered roses directly with Arena, had not received their order on 14 February because, although Arena had sufficient stock, they had not been able to package and dispatch all the orders they had received within the limited timeframe. We understood that Arena attributed their failure to prepare and dispatch all their orders because of a number of unforeseen issues, including the fact that their final truck failed to turn up at the correct warehouse. We reviewed the forecasting data provided and considered that Arena had made a reasonable estimate of demand and the resources required to meet that demand.

We understood that Arena became aware that not all their customers would receive their orders late on 13 February. We noted that in the effort to dispatch as many orders as possible, it took some time for Arena to establish which orders had been successfully dispatched and therefore they were not able to send out an e-mail alerting consumers to the fact that they would not receive their order until noon on 14 February. In addition, although we understood that that e-mail informed consumers that they would receive a larger bouquet on 15 February instead, we noted from the complainant, and from the blog posts that Arena had supplied, that due to a problem with their courier, they also failed to deliver between 15% and 20% of the late deliveries on 15 February, although those customers were offered another redelivery or a refund.

We noted that MSE had chosen to post information alerting their users to the fact some deliveries would not arrive on time on the morning of 14 February, but considered it was unlikely that consumers who had taken advantage of the offer would visit the site and see the update. We therefore considered it was conceivable that a MSE user who had taken advantage of the offer could have not read the e-mail from Arena until the afternoon or evening of 14 February when it was too late to locate a replacement bouquet, and then, if they had decided to wait until the 15 February, they might not have received their bouquet on that date either. We therefore considered that the promotion had not been administered fairly and was in breach of the Code.

mjm3346

Slowhand wrote: »

What did the ASA say?

Boils down to "Don't do it again".