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Important information

• Advertising Review:

  BBB sent correspondence to The Cover Guy East on September 8, September 22, and October 18, 2023, requesting substantiation for or modification of advertised claims on the company website, https://www.thecoverguy.com/. A business representative had replied stating that they were reviewing the information, but to date BBB has not received an additional response and no updates have been made to the company advertising.
  
  https://www.thecoverguy.com/
  
  Website states “Free Shipping” in a badge on each page of the website.
  According to multiple BBB complaints, consumers were charged for shipping. On the Frequently Asked Questions page, it states, 
  "Free delivery is offered with orders over $200 and we often offer free delivery deals!
  If you are in a remote or outlying area however, there may be a cost for shipping. We will contact you to confirm any additional fees."
  BBB requested that the "Free Shipping" badge on the website be removed or the terms and conditions of the "Free Shipping" be added in a clear and conspicuous location. BBB also questioned the business as to if they should already know which areas free shipping is not available for and be able to advise the consumer of this at check-out. BBB reviewed a complaint regarding free shipping that was not received and the consumer was located in Richmond, Virginia. This city does not appear to be a remote or oulying area.
  
  “The quality of our materials and workmanship are second to none”
  BBB requested that the business provide substantiation of this claim. BBB has multiple complaints regarding the quality of the products that the business is manufacturing/selling. In example, stitching has come apart and/or foam has become waterlogged, cover does not fit, or does not seal, etc.
   
  “Additionally, our hot tub covers do not get waterlogged like other spa covers because all our foam is coated and wrapped with our new technology, for ZERO water absorption.”
  BBB requested substantiation for or removal of this claim due to multiple complaints that dispute this.
   
  “The Cover Guy is the #1 selling for replacement hot tub covers!”
  BBB requested substantiation for this claim. I
   
  “Our foam is also resistant to water absorption. All of The Cover Guy foam has been coated and wrapped with our new technology for ZERO water absorption. You don’t have to worry about snow and water saturating your spa cover. The Cover Guy also proudly uses the highest quality marine grade vinyl available. Our vinyl has UV and mildew inhibitors that keep your hot tub cover strong, and resistant to the elements through all four seasons.”
  BBB requested substantaition for or removal of this claim as complaints dispute these advertised claims.
   
  “Each cover from The Cover Guy Meets all ASTM standards for hot tub covers and comes with a 7 year warranty. The Cover Guy Guarantees a Great Quality hot tub Cover at a Great Price!”
  BBB is requesting substantiation for these claims as well as the terms and conditions for the 7 year warranty to be disclosed in a clear and conspicuous location, or link directly to the terms and conditions of the 7 year warranty. 
   
  https://www.thecoverguy.com/about-us/
  “Environmentally friendly: we support our environment by providing energy efficient covers and products”
  BBB requested substantiation and for the business to provide more detail as to the environmentally friendly claims and energy efficiency claim. 
  
  https://www.thecoverguy.com/support/frequently-asked-questions/
  “What is your hot tub cover warranty?
  We offer a 7-year warranty pro-rated for manufacturing defects. For any additional questions please contact warranty at warranty@thecoverguy.com”
  BBB requested the terms and conditions of this warranty and how it is pro-rated for manufacturing defects, specifically since the advertising implies that The Cover Guy is the manufacturer. What are the expected manufacturing defects that may occur that would be covered under the warranty? Also, to disclose if only manufacturing defects are covered.
  
  "How much does shipping cost?
  All cover orders are shipped based on dimensional weight.
  Free delivery is offered with orders over $200 and we often offer free delivery deals!
  If you are in a remote or outlying area however, there may be a cost for shipping. We will contact you to confirm any additional fees.
  Please see our shipping & returns page for additional details."
  BBB requested that the areas that free shipping is not available in needs to be disclosed in a clear and conspicuous location in all advertising. The company should be aware of what areas are considered remote and/or outlying and should be able to disclose these locations.
   
  https://www.thecoverguy.com/hot-tub-covers/
  “Best Price Guaranteed
  We sell over 40,000 hot tub covers annually which provides us the opportunity to purchase top quality materials at reduced prices. The other advantage this volume allows us is reasonable delivery costs.”
  The terms and conditions of the best price guarantee need to be added to the advertising in a clear and conspicuous location.
   
  “7-Year Warranty
  We offer a 7-year warranty pro-rated against manufacture defects. Take comfort knowing our covers are built by skilled professionals using the exclusive Cover Guy stitching patterns. We use only the very best quality materials.”
  BBB requested that the terms and conditions of the 7 year pro-rated warranty against manufacturer defects be disclosed in a clear and conspicuous location, and what the business considers manufacturer defects? What parts are pro-rated and how is the pro-rating determined?
  Is it only manufacturing defects that are covered or are specific parts or products covered under the warranty?
   
  https://www.thecoverguy.com/products/cover-lifters/
  “The Cover Guy offers the best selection and the best prices on all hot tub cover lifters.”
  This claim would require substantiation and the terms and conditions disclosed.
   
  “We’re also proud to offer FREE SHIPPING on ALL orders over $200!”
  BBB requested that this statement be removed or modified to include the areas that The Cover Guy does not provide free shipping to.
   
  In the Hot Tub Cover Lifter Buyers Guide, this first item states *SALE PRICE* for the TCG Cover Lifter. The price of $179.99 has a line through it and the price below it is $199.99. First concern is that the price that appears to be current Is not a “Sale Price”. Second concern is with regard to BBB Code of Advertising for Sales. If a price is listed and the sale price exceeds 30 days, you must be able to substantiate that the price is in fact a sale price and has not become the regular price.
  Same issue exists for the Hydraulic Cover Lifter.
   
  https://www.thecoverguy.com/products/hot-tub-filters/
  “The Cover Guy Replacement Hot Tub Filters are the longest lasting and best filters in the industry!” 
  BBB requested substantiation for "Longest lasting" and "best filters".
  
   
  “With the best selection and the best price, “
  BBB requested substantiation for "best selection" and "best price".
   
  “The Cover Guy is your best choice for all your replacement filter cartridge needs.”
  BBB requested substantiation for this claim.
  
  https://www.thecoverguy.com/products/spas-and-accessories/
  And just like our hot tub covers, you will also find the best quality and prices for all of our hot tub accessories! 
  BBB requested substantiation for "Best quality and prices" claim.
   
  https://www.thecoverguy.com/contact-us/
  “covers that last long, and perform better than any other covers available. Materials and workmanship are second to none. “
  BBB requested substantiation for these claims.
   
  The complete BBB Code of Advertising can be found here: https://www.bbb.org/code-of-advertising
  1. Basic Principles of the Code
  1.1 The primary responsibility for truthful and non-deceptive advertising rests with the advertiser. Advertisers should be prepared to substantiate any objective claims or offers made before publication or broadcast. Upon request, they should present such substantiation promptly to the advertising medium or BBB.
  1.2 Advertisements which are untrue, misleading, deceptive, fraudulent, falsely disparaging of competitors, or insincere offers to sell, shall not be used.
  1.3 An advertisement as a whole may be misleading by implication, although every sentence separately considered may be literally true.
  1.4 Misrepresentation may result not only from direct statements, but by omitting or obscuring a material fact.
   
  9. Sales
  9.1 The unqualified term “sale” may be used in advertising only if there is a significant reduction from the advertiser's usual and customary price of the products or services offered and the sale is for a limited period of time. If the sale exceeds thirty (30) days, advertisers should be prepared to substantiate that the offering is indeed a valid price reduction and has not become their regular price.
  9.2 Time limit sales must be observed.
  9.2.1 For example, products or services offered in a “one-day sale,” “three-day sale” or “this week only sale” should, as a general rule, be taken off “sale” and revert to the regular price immediately following expiration of the stated time.
  9.3 Introductory sales must be limited to a stated time period, and the selling price should, as a general rule, be increased to the advertised regular price immediately following termination of the stated period.
  9.4 Advertisers may currently advertise future increases in their own prices on a subsequent date provided that they do, in fact, increase the price to the stated amount on that date and maintain it for a reasonably substantial period of time thereafter.
  9.5 If the advertiser, in good faith, decides at the end of the sale period to convert its sale price to a new regular price, it may do so if it no longer claims any savings.
  9.6 The advertiser, in good faith, may decide to extend a time limit or introductory sale for a stated period. However, if that extension is for more than a short period of time, the advertiser must be prepared to substantiate that the offering is still a valid price reduction and has not become its regular price.
   
  12. Lowest prices, underselling claims
  Despite an advertiser's best efforts to ascertain competitive prices, the rapidity with which prices fluctuate and the difficulty of determining prices of all sellers at all times preclude an absolute knowledge of the truth of unqualified underselling/lowest price claims.
  12.1 Advertisers must have proper substantiation for all claims prior to dissemination.
  12.2 Unqualified underselling claims must be avoided.
  12.3 Advertisers can lessen the potential for consumer confusion by appropriate qualifications to any underselling/lowest price claim, such as by stating, if truthful, that the advertiser will meet or beat a lower price. In such circumstances, the advertiser must comply with Section 13.
   
  13. Price equaling, meeting competitors’ prices
  13.1 Advertisements which set out company policy of matching or bettering competitors' prices may be used, provided that:
  13.1.1 The offer is made in good faith;
  13.1.2 The offer clearly and conspicuously discloses fully any material and significant conditions which apply including, if applicable, what evidence a consumer must present to take advantage of the offer; and
  13.1.3 The terms of the offer are not unrealistic or unreasonable for the consumer.
  13.2 Advertisers should be aware that such claims, unless appropriately qualified, may create an implicit obligation to adjust prices generally for specific products or services. This may be the case where the advertiser's price for a product or service is not as low as or lower than a competitor's price.
   
   14. “Free”
  14.1 An advertiser may use the word “free” in advertising whenever the advertiser is offering an unconditional gift. If receipt of the “free” product or service is conditional on a purchase:
  14.1.1 The advertiser must clearly and conspicuously disclose this condition with the “free” offer (not simply by placing an asterisk or symbol next to “free” and referring to the condition(s) in a footnote); and
  14.5 Because the consumer continually searches for the best buy and regards the offer of “free” products or services to be a special bargain, all such offers must be made with extreme care so as to avoid any possibility that consumers will be misled or deceived. Representative language frequently used in such offers includes:
  • “Free”
  14.6 Whenever such an offer is made advertisers must make clear at the outset all the terms and conditions of the offer.
   
  20. Warranties or Guarantees
  20.1 When using the term “warranty” or “guarantee” in product advertising, the advertiser must clearly and conspicuously include a statement that the complete details of the warranty can be seen prior to sale at the advertiser's location, viewed on the advertiser’s website or, in the case of mail or telephone order sales, made available free on written request.
  20.2 Advertisers should only use “satisfaction guarantee,” “money back guarantee,” “free trial offer,” or similar representations in advertising if the seller or manufacturer refunds the full purchase price of the advertised product or service at the consumer's request.
  20.3 When “satisfaction guarantee” or similar representations are used in advertising, any material limitations or conditions that apply to the guarantee must be clearly and conspicuously disclosed.
  20.4 When advertising “lifetime” warranties or guarantees or similar representations, the advertisement must clearly and conspicuously disclose its intended meaning of the term “lifetime.”
  20.5 Sellers or manufacturers should advertise that a product or service is warranted or guaranteed only if the seller or manufacturer promptly and fully performs its obligations under the warranty or guarantee.
   
  27. Superiority Claims-Comparatives-Disparagement
  27.1 Advertisers must not deceptively or falsely disparage a competitor or competing products or services in their advertising. Truthful comparisons using factual information may help consumers make informed buying decisions, provided:
  27.1.1 All representations are consistent with the general rules and prohibitions against false and deceptive advertising;
  27.1.2 All comparisons that claim or imply, unqualifiedly, superiority to competitive products or services are not based on a selected or limited list of characteristics in which the advertiser excels while ignoring those in which the competitor excels;
  27.1.3 The advertisement clearly and conspicuously discloses any material or significant limitations of the comparison; and
  27.1.4 The advertiser can substantiate all claims made.
   
  28. Objective Superlative Claims
  Superlative statements in advertisements about the tangible qualities and performance values of a product or service are objective claims for which the advertiser must possess substantiation as they can be based upon accepted standards or tests. As statements of fact, such claims, like “#1 in new car sales in the city,” can be proved or disproved.
   
  34. Claimed Results
  Claims relating to performance, energy savings, safety, efficacy or results for a product or service should be based on recent and competent testing or other objective data. 
   
  36.1 General Principles
  36.1.1 Advertisers should not make broad, unqualified general environmental benefit claims like “green” or “eco-friendly.”
  36.1.2 Advertisers must qualify general claims with specific environmental benefits.
  36.1.3 Advertisers must possess competent and reliable evidence (often scientific evidence) to support all environmental benefit claims. Qualifications for any claim must be clear, conspicuous and understandable.
  36.1.4 When an advertiser qualifies a general claim with a specific benefit, the benefit should be significant. Advertisers must not highlight small or unimportant benefits.
  36.1.5 Unless clear from the context, any environmental claim must specify clearly and conspicuously whether the claim applies to the product, the product’s packaging, a service or just to a portion of the product, package or service.