When’s a promise not really a promise?
Take a look at this photo, taken a couple of days ago at a local Liquor outlet.
Can you see? If you look very carefully, you can see that these guys have decided that
“LOWEST PRICES GUARANTEED” might get difficult to justify. So what do they do?
Easy! Just whip off an S and and a D and what have you got?
“LOWEST PRICE GUARANTEE”
In other words, they are hoping that if they get caught out NOT offering a lowest price on an item, they will be able to say “no, no, no… you don’t understand – we never said we guaranteed it, we said we have a guarantee.”
Clever stuff, except the clear direction from the ACCC is that firstly, you have to look at the meaning as it is likely taken by consumers and secondly that any exclusions from a promise must be stated along with the claim itself.
I reckon the average Joe is going to think “Lowest Price Guarantee” pretty much means “Lowest Price Guaranteed” so in my book, they should have just left the S and the D there all along!
But the interesting thing is that their lawyers clearly decided it was worth leaving themselves with some wiggle room in case they ever get a call from the ACCC.