Better Business Bureau of Southern Arizona is alerting consumers to Heat Surge LLC, an Ohio-based business that has been peppering the country with misleading advertisements claiming consumers can receive a free heater.

The ads, which have appeared on television, in local publications across the nation, and in national publications, such as Newsweek, claim consumers can receive a free heater if they’re one of the first 17,247 people to call to beat the company’s order deadline.

“The free claims for the product in the ad are false,” said Kim States, BBB President. “The company also states a time sensitive deadline that adds pressure for individuals to act, and many consumers have told BBB that they regret placing that order.”

Complaints regarding service, advertising, product issues, and a host of other concerns have been filed with BBB. Consumers that called for their free heater tell BBB they were shocked to find themselves caught in a sales pitch about materials for the heater case and finishes used and ended up being charged about $300 to $400 hundred dollars.

Use of the word “free” in advertising comes with clear guidelines for businesses and is outlined in BBB’s code of advertising. The word “free” can only be used in advertising when the advertiser is offering an unconditional gift. If there is a cost to receive the free gift, the advertiser must clearly and conspicuously disclose the conditions.

“BBB frowns on deceptive advertising tactics,” States said

The BBB’s National Advertising Division (NAD) reviews national advertising for truthfulness, accuracy and to foster public confidence in the credibility of advertising. BBB’s often cite advertisers for their claims and businesses are asked to substantiate their offers promptly to the BBB. If you have an advertising claim that you’d like the BBB to review, you can send it to info@tucson.bbb.org.

‘Tis the season for giving, but what happens if the gift you have given or received needs to be returned or exchanged? Better Business Bureau of Southern Arizona wants to remind consumers to know their rights regarding returns, refunds and exchanges.

“Inevitably, following the holidays, the BBB receives hundreds of complaints from consumers because they are unable to return a gift,” said Kim States, BBB President. “Unless the seller has a specific return and exchange policy or the merchandise is defective or misrepresented, all sales are final.”

When it comes to returning gifts this holiday season, BBB wants to remind you to know your rights.

Know the seller’s return policy – Be sure to find out about a store’s return policies. Keep in mind that returning or exchanging items is a privilege, not a right. Generally speaking, state and federal laws do not require that retailers provide returns or exchanges. A business is not obligated to accept items for refund, exchange, or credit except in cases where the item is defective or misrepresented. In some cases, defective products must be returned to the manufacturer rather than the retailer based upon the product’s warranty. So make an effort to understand the terms and conditions of warranties.

Do not assume the return policy applies to sales or clearance items – Some merchants consider sales items to be final. If you are the gift-recipient, do not assume you have the right to return or exchange an unwanted present. Like the shopper, you are bound by the merchant’s return policy.

The merchandise was defective. Now what? Regardless of a store’s policy, if the goods you have purchased were misrepresented or are defective, you have every reason to expect the store to provide a suitable substitute, refund or make proper repairs. The laws in all states require a store to make good in such cases. Keep in mind that health regulations may forbid returns of such items as hats, bathing suits or intimate apparel.

Check if there are restocking fees - If you custom order a product, many stores charge a restocking fee for the return of such a product. It is a good idea to keep the packaging an item was wrapped in just in case it is required for return by the store to the manufacturer. Or if you know you are going to return it, don’t open the package at all. Many retailers have restocking fees for high-priced merchandise such as electronics and furniture.

You want to return an item and get your money back - A customer’s money may be returned under a refund policy. Stores that offer refunds as a policy do so voluntarily and, in most cases, are not compelled by state or federal law to do so. These policies usually require that products be returned to a store within a specific period of time and in original purchase condition. In almost every case, a sales slip or some other evidence that the item was actually purchased at a particular store is also required. If (more…)

Better Business Bureau of Southern Arizona is alerting consumers about Xanadu Productions, a Tucson-based photography company that has received eight complaints since October.

All the complaints have been filed by the parents of children who ordered team photos as part of a youth football league this past fall. In the complaints, parents allege the packages they received were either missing photos, the photos were very poor quality, or both.

Additionally, parents say that when they try to contact Xanadu Productions to seek a resolution or a refund, their emails and phone calls are often not returned.

“The pictures’ paper quality was very bad, and the coloring was all off,” said Caroline Barragan, whose son participated in the youth football league. “My son is Hispanic and the pictures made him look like he had rosacea on his face.”

Barragan told BBB that after a month of trying to reach Xanadu Productions she finally got a face-to-face meeting with owner, Wyatt Hironimus, but he refused to refund any of the $154 Barragan had paid for the photos.

“I’ve printed photos at Walgreens and the photo quality, and the quality of the paper was better,” she said. “I even paid for two plaques that they never delivered to me; I would just prefer they gave me my money back.”

Annette Corraels, whose son also participated in the league, said that Xanadu Productions delivered her son’s team photos over a month later than they said they would, and when they arrived numerous photos were missing.

Corraels said she was in “disbelief” when she finally received the pictures and saw how poor the photo quality was.

“My son’s pictures were green,” she said. “He looked like the Hulk.”

Xanadu Productions, which is located at 5915 E Pima St. in Tucson, failed to meet the deadline BBB gave the company to address its seven unanswered complaints. BBB was also unable to reach Hironimus for a comment, despite leaving messages, and speaking with multiple employees.