Letter Box Advertising, Door-to-door sampling and Direct Response Advertising Code (CBR)
In this Code the following definitions apply:
a. letter box advertising: means all advertising material which is distributed through the letter box or post office box, whether by direct mail or door-to-door, which does not form an integral part of another medium such as newspapers or magazines;
b. door-to-door sampling: means the distribution of goods or samples by direct mail or door-to- door free of charge;
c. direct response advertising: all advertising in which the goods, services or information offered can be obtained directly from the provider by means of a written, electronic or telephone response;
d. advertiser: the party who orders letter box advertising, door-to-door sampling or direct response advertising to be sent to promote sales of his goods or services or to propagate his concepts;
e. distributor: a party who, either on instructions or otherwise, distributes or causes to be distributed letter box advertising, direct response or sampling material;
f. extended transaction: a transaction relating to a series of goods and/or services for which the delivery and purchase obligations extend over a period of time.
The advertiser shall identify himself in letter box advertising, door-to-door sampling and direct response advertising in such a way that he is easily recognisable and actually accessible to the recipient. The name and address of the advertiser shall be stated in the offer, for which purpose mention of a post box number is not sufficient.
CONTENT AND HANDLING OF THE OFFER
The goods and/or services that are offered shall be depicted and/or described clearly and truthfully.
Every offer shall contain a brief, simply formulated summary of the rights and obligations attached to acceptance of the offer, in particular concerning cash price, the costs and conditions for paying in instalments, any postal charges and other conditions such as whether or not the offer is on approval without obligation, so recipient knows what is on offer and which are his rights and obligations should he accept the offer.
As regards vouchers, cash premium coupons and savings stamps, the advantage or reduction for the recipient shall be easily identifiable and verifiable by him, and the offer’s term of validity and any other restrictions shall be indicated.
The advertiser undertakes to take back damaged premiums or goods and to replace them with new specimens.
The sending of unsolicited goods is prohibited if:
a. it is stated or suggested that the recipient is obliged to pay unless he refuses the goods or returns them;
b. the recipient obtains the impression that he is obliged to accept the goods.
RIGHT OF RETURN
Where the expression ‘on approval without obligation’ or ‘no good, money back,’ or similar expressions are used, the advertiser shall be obliged to accept the returned goods unconditionally during the period specified in the offer.
Unless the offer expressly stipulates otherwise, the recipient shall be entitled to return goods ordered by him as a result of direct response advertising, letter box advertising or door-to-door sampling within seven days or so much later as stipulated in the offer, without further obligation on his part, unless explicitly stated otherwise.
When returning goods in the cases referred to in Articles 8 and 9, any sums already received by the advertiser shall be returned within 30 days of the date the returned goods are received.
The recipient shall be entitled to dissolve an extended transaction entered into by him if the goods delivered fail to meet his justified expectations, subject to any termination rules agreed for this purpose.
DISTRIBUTION AND DELIVERY
The distributor is obliged to ensure that advertising material distributed by direct mail or door-to- door reaches the recipient in good order, subject to the provisions of article 14.
This article was withdrawn on 1 April 1993.
Should the recipient state in writing that he does not want addressed advertising, the advertiser shall ensure that this wish is honoured unconditionally, as soon as possible and in any case within a period of three months of receipt of the request.
Samples of goods shall be safely packaged when delivered to the recipient. The advertiser shall remain responsible for the distribution of the samples.
Samples and other material which may constitute a danger to physical health in the event of internal or external use shall be handed over by the distributor only to adults and only in person.
Since 1 January 2006 this article is part of the Advertising Code directed at Children and Young People.
When distributing advertising material, employees of a distributor shall be able on request to identify the distributor for whom they are working.
Note: For possible prohibitions on the distribution of unaddressed advertising material and products containing alcohol see the respective Special Advertising Codes.
This Code became operative on 1 April 1993.