‘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, 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 a customer does not have evidence of purchase, he or she may not receive a refund or may not receive the full amount of the purchase price. In some stores, all sales are final.

Understand exchanges or credits – In a product exchange, an item may be returned and another item of equal value may be received in its place. This privilege is usually extended when the buyer has made a reasonable mistake; for example, in the size or color of the product purchased. In other instances, customers may receive a credit slip after returning an item. This store credit allows the consumer to purchase any other item at that store which has the same monetary value as the item he or she has returned.

What to do if the product has a separate written warranty – Some products have warranties that spell out the manufacturer’s liability if the product is defective. Reading a product’s warranty before returning an item to a store from which it was purchased is highly recommended. In some cases, warranties exempt stores from product liability and require consumers to mail the product to a manufacturer or other business in order to receive monetary refunds, credit, or product replacement.

If the purchase is made under a written contract, normal return privileges may be affected – Written contracts sometimes have special provisions for the return of goods. A contract usually provides its own conditions for return of the goods and cancellation of an agreement. Always read and understand a contract before you sign it; never sign a blank contract and always keep a copy of the contract.

Don’t delay – If a store has a return policy, there may be time limits for returns.

And Remember- Always keep receipts and original packaging!

For more consumers news and tips or to find a business you can trust, visit www.tucson.bbb.org.

Better Business Bureau of Southern Arizona is warning consumers of a new string of phishing e-mails making the rounds this holiday season.

Hackers are impersonating well-known companies that do a lot of business this time of year—specifically trusted retailers and shipping companies such as FedEx, UPS, and Wal-Mart—in order to gain access to computer drives, files and accounts to steal personal and financial information.

Shipping

Hackers have created phishing e-mails which pretend to be from shipping companies claiming that there is a problem with delivery of merchandise. Commonly, the e-mail will include a hyperlink for recipients to click that will take them to another Web site that might install malware or solicit personal information. A message currently making the rounds has a subject line that looks like, “Subject: Tracking Number 13040065504.” The body of the message claims that a package couldn’t be delivered and advises the recipient, “To take your package back you should print the copy of invoice that is in the added file.” The attachment is actually a virus that will infect the computer if opened.

BBB ADVICE: Instead of clicking on the link in the e-mail, go directly to the shipper’s Web site or contact the company via phone in order to confirm whether there is a shipping problem with your package. Do not open attachments or click on links in unsolicited e-mails.

Surveys Offering Holiday Spending Cash

In an effort to take advantage of cash-strapped holiday shoppers, phishing e-mails are circulating pretending to be from retailers such as Wal-Mart. One e-mail has a subject line that reads, “Online Survey from Wal-Mart Stores!!!” And the body of the message states, “This survey has been sent only to a few people from our random generator … You’ve been selected to take part in our quick and easy 9 question survey. In return we will credit $90.00 to your account – Just for your time!” Ultimately, the e-mail includes a link to a Web site where the recipient is supposed to take the survey, but in fact leads to a phishing site.

BBB ADVICE: Do not respond to unsolicited e-mails that promise money for answering surveys. Spam e-mails that offer big rewards with little effort will only cost you in the end.

E-Cards

E-cards are an extremely popular—and inexpensive—way to deliver season’s greetings to loved ones. Typically, with legitimate e-cards, the recipient receives an e-mail with a hyperlink that will take the user to the e-card which is housed on a Web site. Unfortunately, by design, e-cards are an extremely easy way for hackers to disguise their phishing e-mails and direct users to their Web sites which install viruses and malware.

BBB ADVICE: Phishing e-mails posing as e-cards can be difficult to spot. Spelling and grammatical mistakes are a huge red flag. Also, don’t follow the link in an e-card if you don’t recognize the name of the sender.

Consumers who receive suspicious e-mails should report them to the Internet Crime Complaint Center at www.ic3.gov.

For more information on staying safe when shopping online this holiday season, and for a host of other seasonal tips, visit www.tucson.bbb.org.

With seasonal customers comes an increase in complaints, and the simple fact is that some businesses drive profits right back out the door because they do not have an effective complaint handling system.

Industry estimates say that generally businesses receive complaints from only about five percent of dissatisfied customers. About 95 percent of customers simply will not complain, but more importantly, about 90 percent of this group will never use the business again. Equally alarming for businesses is that typical dissatisfied customers will mention the problem to about eight acquaintances.

“Businesses operating in tough markets with small margins are constantly searching for points of competitive advantage and effective complaint handling can be a key differentiator” said Kim States, BBB President. “A complaint offers a superb opportunity to transform an unhappy customer into a loyal customer, one who may even end up helping you win new business.”

BBB of Southern Arizona recommends businesses review customer relations policies on a regular basis, and advises that complaint handling processes must make it easy for customers to complain and empower employees to deal with complaints promptly. The following procedures are essential:

Documenting – The date the problem occurred, a description of the problem, and any other pertinent information should be recorded.

Investigating – Along with information from the customer, gather more facts by researching in-house records, requesting receipts and inspecting the product.

Acknowledging – Let the customer know that the matter is receiving attention and provide a realistic estimate for how long it will take to resolve the issue.

Formulating a Solution – Important criteria to consider include warranty obligations; customer expectations; cost versus benefit of alternative solutions; fairness of your decision; and your ability to carry out the solution.

Responding – Any response should be clear, appropriate and specific to the customer’s complaint. Avoid form letters and technical jargon. Explaining a decision can preserve a customer’s goodwill, even if a different result was desired.

Following-up – Contact the customer following your response to verify whether or not the matter has been resolved satisfactorily. If the customer is unhappy, you can refer the matter for third party dispute resolution (to BBB for example).