Guidelines for the Retail Sector on Price Promotions
2. Advertising - General Principles
For the purposes of these guidelines, advertising can be considered as a commercial communication made for promotional purposes in connection with a trade, business, craft or profession in order to promote the supply of products or services for payment.
The Consumer Protection Act, 2007 widens the definitional scope by providing that an "advertisement" includes any form of advertising or marketing.
All advertising, selling prices or any other information connected with the sale of, or the offering for sale of a product should be clear, unambiguous and easily understood. Any relevant or material information should not be obscured or hidden by using disclaimers or provisos in small print.
Consumers have a right to expect that what they see or what is offered is in fact what they get.
Traders should act with due care and diligence and have regard to the principle of good faith. These basic principles should underpin all advertising, sale promotions and all other business to consumer transactions. The guidelines are premised on the fact that traders would at all times have regard to these principles.
If a trader is unable to demonstrate that actions were taken in good faith, then there may be a breach of the Consumer Protection Act.
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