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  • FIRST POST
    • fermi
    • By fermi 2nd Jul 18, 3:05 PM
    • 39,533Posts
    • 47,531Thanks
    fermi
    Kellys Vegies Ltd t/a myfarmfreshbox.co.uk - ASA Non-compliant - Misleading advertising
    • #1
    • 2nd Jul 18, 3:05 PM
    Kellys Vegies Ltd t/a myfarmfreshbox.co.uk - ASA Non-compliant - Misleading advertising 2nd Jul 18 at 3:05 PM
    https://www.asa.org.uk/non-compliant/kellys-vegies-ltd.html

    Background

    Misleading Advertising:

    Kellys Vegies Ltd t/a My Farm Fresh Box breaks the UK advertising rules for offering a “FREE Trial Box” promotion for their fruit and vegetable delivery service on the www.myfarmfreshbox.co.uk website, which does not make clear that to obtain the “FREE Trial Box”, a customer needs to enrol into a paid subscription.

    We have been working in partnership with other enforcement bodies about ads for “free trials” and other promotional offers which enrol customers into an ongoing subscription arrangement. As part of this work, we published our Guidance for Advertisers - "Free trial" or other promotional offer subscription models on 27 November 2017. Please also see our accompanying news story.

    The ASA has consistently ruled, including against Kelly's Vegies, that any significant conditions of a promotion should be immediately visible and prominent. Significant conditions include the requirement that a customer must enrol into a paid subscription to claim the “free” trial, and the cost of the subscription.

    In this case, the subscription costs a £4.99 membership fee plus the price of the customer’s chosen box plus the delivery charge per month. If a customer wishes to cancel following the “FREE Trial Box”, they must provide a cancellation email within four days of receiving the order (including delivery day). Customers who purchase fewer than four orders after receiving their “Free Trial Box” are subject to a £10 charge. These are all significant conditions that should be upfront.

    The CAP Compliance team contacted Kelly’s Vegies but, in the absence of an assurance to comply with the Code, we took the decision on 18 May 2018 to place their company details on this section of the ASA website. These details shall remain in place until such time as Kelly’s Vegies has removed or appropriately amended their website to ensure compliance with the CAP Code.
    I'm a Board Guide on the Debt-Free Wannabe, Bankruptcy, Credit Cards and Loans boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com

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    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
Page 1
    • pmduk
    • By pmduk 3rd Jul 18, 12:25 PM
    • 8,670 Posts
    • 6,436 Thanks
    pmduk
    • #2
    • 3rd Jul 18, 12:25 PM
    • #2
    • 3rd Jul 18, 12:25 PM
    Threads about this company usually get deleted pretty quickly.
    • DoaM
    • By DoaM 3rd Jul 18, 12:38 PM
    • 4,494 Posts
    • 4,522 Thanks
    DoaM
    • #3
    • 3rd Jul 18, 12:38 PM
    • #3
    • 3rd Jul 18, 12:38 PM
    Must by by the admin team then ... this thread was started by a board guide.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • pmduk
    • By pmduk 3rd Jul 18, 7:31 PM
    • 8,670 Posts
    • 6,436 Thanks
    pmduk
    • #4
    • 3rd Jul 18, 7:31 PM
    • #4
    • 3rd Jul 18, 7:31 PM
    I suspect the co is pretty litigious. At one stage they attempted to charge customers £35 per day for leaving bad reviews.
    • davemorton
    • By davemorton 3rd Jul 18, 11:02 PM
    • 26,505 Posts
    • 320,477 Thanks
    davemorton
    • #5
    • 3rd Jul 18, 11:02 PM
    • #5
    • 3rd Jul 18, 11:02 PM
    I suspect the co is pretty litigious. At one stage they attempted to charge customers £35 per day for leaving bad reviews.
    Originally posted by pmduk
    Perhaps a better evening activity for some of the trolls that go onto some of the pages here if thats how this company rolls.
    “Quis custodiet ipsos custodes?”
    Juvenal, The Sixteen Satires
    • ThumbRemote
    • By ThumbRemote 4th Jul 18, 3:55 PM
    • 3,907 Posts
    • 4,966 Thanks
    ThumbRemote
    • #6
    • 4th Jul 18, 3:55 PM
    • #6
    • 4th Jul 18, 3:55 PM
    The CAP Compliance team contacted Kelly’s Vegies but, in the absence of an assurance to comply with the Code, we took the decision on 18 May 2018 to place their company details on this section of the ASA website. These details shall remain in place until such time as Kelly’s Vegies has removed or appropriately amended their website to ensure compliance with the CAP Code.
    And there in a nutshell is the problem with the ASA - it's completely toothless. The company just ignores it, and nothing whatsoever happens to them.
    • hollydays
    • By hollydays 4th Jul 18, 8:47 PM
    • 16,148 Posts
    • 12,190 Thanks
    hollydays
    • #7
    • 4th Jul 18, 8:47 PM
    • #7
    • 4th Jul 18, 8:47 PM
    I suspect the co is pretty litigious. At one stage they attempted to charge customers £35 per day for leaving bad reviews.
    Originally posted by pmduk
    But litigious companies aren't a new thing
    for this board.



    Can you believe this review from Trustpilot!



    We always enjoyed our farm fresh boxes. However, we notice we'd started to be charged a monthly fee in January 2018 that we hadn't been paying previously. We didn't ever receive anything telling us about this price increase. When we cancelled we received notice they were taking back £50 in free deliveries from the beginning of our membership - 15 months ago! Buried deep in the small print is that introductory offers are rescinded if you don't go on to make 52 different orders with them!
    Last edited by hollydays; 04-07-2018 at 8:55 PM.
    • hollydays
    • By hollydays 4th Jul 18, 8:59 PM
    • 16,148 Posts
    • 12,190 Thanks
    hollydays
    • #8
    • 4th Jul 18, 8:59 PM
    • #8
    • 4th Jul 18, 8:59 PM
    Or this reply from Kelly's vegies-

    They also offered me £10 to write this review, so i did, as seen below, but now i have to change the review to ensure no one falls down the same trap.

    The employee sent this to me after i asked to cancel my membership:

    I will be fair and show the email i sent too:

    "Hi,

    I would like to cancel my membership, - ###### (membership number)

    I was unaware of the membership fee.

    Thanks"

    "Well thanks for wasting my time in show casing my produce.
    I've charged you £10 for the free credit I offered you at the start of your membership given you were not entitled to it. Only customers who agree to our business terms are entitled to our offers.

    Next time, please read our membership terms before pretending to agree to them in order to get the free trial box.

    Kind regards
    Employee "
    Last edited by hollydays; 05-07-2018 at 12:04 PM.
    • hollydays
    • By hollydays 5th Jul 18, 12:07 PM
    • 16,148 Posts
    • 12,190 Thanks
    hollydays
    • #9
    • 5th Jul 18, 12:07 PM
    • #9
    • 5th Jul 18, 12:07 PM
    Hilarious customer service enough to drive customers away in their droves according to the net.
    Wish I could post this image

    I DO NOT HAVE A BAD ATTITUDE SIR.
    I ALLREADY TOLD YOU THAT WE HAVE OUTSOURCED ALL NON-ESSENTIAL TASKS LIKE BEING EMPATHETIC AND COURTEOUS SO WE CAN FOCUS ON WHAT IS REALLY IMPORTANT

    https://goo.gl/images/9jfhbu


    And
    BARRY FIGURED IF HE IGNORED ALL CUSTOMER COMPLAINTS-THEYD GO AWAY- HE WAS RIGHT
    https://goo.gl/images/8zzpyL
    Last edited by hollydays; 05-07-2018 at 12:57 PM.
    • hollydays
    • By hollydays 5th Jul 18, 12:52 PM
    • 16,148 Posts
    • 12,190 Thanks
    hollydays
    National Trading Standards has identified subscription traps as one of the top seven rogue trading threats facing consumers this year.

    Mike Andrews, of the E crime team at National Trading Standards, says: Sadly, subscription traps are now a common tactic used by businesses to snare people into signing up for expensive deals without them knowing they have done so. They are changing all the time and the perpetrators are using them to sell flog anything they can.
    • hollydays
    • By hollydays 5th Jul 18, 1:24 PM
    • 16,148 Posts
    • 12,190 Thanks
    hollydays
    Nominate companies for worst customer service

    https://www.theguardian.com/money/2017/dec/11/worst-consumer-service-errors-of-2017
    • pulliptears
    • By pulliptears 5th Jul 18, 7:48 PM
    • 13,576 Posts
    • 23,065 Thanks
    pulliptears
    Oh joy! Can't beat a good Kelly's thread. Shame they usually disappear because the underhandedness and dire customer service is often so bad it's amusing.
    "Gggggrrrrrr Rrrraaaahhh Rrrrrrggghhhhnn" - Chewbacca (The Empire Strikes Back)

    • pmduk
    • By pmduk 6th Jul 18, 5:03 PM
    • 8,670 Posts
    • 6,436 Thanks
    pmduk
    Originally posted by hollydays
    Bit unfair, they don't have any customer service
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