Business ProfileforPompeii 3, Inc.

BBB promotes truth in advertising by contacting advertisers whose claims conflict with the BBB Code of Advertising. These claims may come to our attention from our internal review of advertising, consumer complaints and competitor challenges. BBB asks advertisers to prove their claims, change ads to make offers clear to consumers, and remove misleading or deceptive statements.

On 3/17/2022, BBB contacted the business regarding their advertised products on their website. The business advertises  “Free Shipping & Free Returns” However, the return policy states, “Please note there is a $15.50 (Domestic) and $29.99 (International) return shipping and handling fee for all replacements or exchanges.” Whenever such an offer is made advertisers must make clear at the outset all the terms and conditions of the offer as required by BBB’s Code of Advertising.

The business advertised the following product on their website:

“Free Shipping & Free Returns” on the website. However, the return policy states, “Please note there is a $15.50 (Domestic) and $29.99 (International) return shipping and handling fee for all replacements or exchanges.” There is no clear statement on what items offer free returns.

The BBB Code of Advertising States:

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.

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

14.1.2 The advertiser must not have increased the normal price of the product or service to be purchased nor reduced its quantity or quality.

14.2 The “free” offer should be temporary; otherwise, consumers may view it as a continuous combination offer, no part of which is free. Thus, where it would otherwise confuse consumers, a product or service must not be advertised with a “free” offer in a trade area for more than six (6) months in any 12 month period. At least thirty (30) days must elapse before another such offer is promoted in the same trade area.

14.3 In a negotiated sale, no “free” offer of a product or service should be made where it would likely mislead consumers, such as where:

14.3.1 The product or service to be purchased usually is sold at a price arrived through bargaining, rather than at a regular fixed price; or

14.3.2 There may be a regular price but other material factors such as quantity, quality or size are arrived at through bargaining.

14.4 Offers of “free” products or services which do not meet the provisions of this section may not be corrected by the substitution of such similar words such as “gift,” “given without charge,” “bonus,” “complimentary” or other words which can convey the impression to the consumer that a product or service is “free.”

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”
“Buy 1-Get-1 Free”
“2-for-1 Sale”
“50% off with Purchase of Two”
“$1 Sale”
“1/2 Off”
“Gift with Purchase”
Literally, of course, the advertiser is not offering anything “free” (for example, an unconditional gift), or 1/2 free or 2 for 1 when making such an offer, since the consumer is required to purchase a product or service in order to receive the “free” or “2 for 1” item.

14.6 Whenever such an offer is made advertisers must make clear at the outset all the terms and conditions of the offer.

As of 3/31/2022, business has not responded to BBB emails or modified the website.

BBB promotes truth in advertising by contacting advertisers whose claims conflict with the BBB Code of Advertising. These claims may come to our attention from our internal review of advertising, consumer complaints and competitor challenges. BBB asks advertisers to prove their claims, change ads to make offers more clear to consumers, and remove misleading or deceptive statements.

On 02/09/2024, BBB contacted the business regarding their advertised products on their website. The business advertised a price comparison with slashed pricing without disclosing what the comparison is based on as required by BBB’s Code of Advertising.

A review of your website https://www.pompeii3.com/  , we have found the following:
https://www.pompeii3.com/2-carat-round-lab-grown-diamond-studs-14k-white-gold-with-screw-backs-i-j-vs/ 
2 Ct TW Round Lab Grown Diamond Studs 14K White Gold With Screw Backs (G-H, SI)
$13,566.00
$930.99
- Pricing is not defined for consumers (our price, retail price, store price, etc.)

The BBB Code of Advertising States:
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.

2. Comparative Price, Value and Savings Claims
BBB recognizes that truthful price information helps consumers make informed purchasing decisions and that comparative price advertising plays an important role in promoting vigorous competition among retailers. At the same time, misleading or unsubstantiated pricing claims injure both consumers and competitors. The following examples offer guidance on ensuring that pricing claims are truthful and not misleading.
2.1 Advertisers may offer a price reduction or savings by comparing their selling price with:
2.1.1 Their own former selling price;
2.1.2 The current selling price of identical products or services sold by others in the trade area (the area in which the company does business or where the advertisement appears) (e.g., “selling elsewhere at $_______.”); or
2.1.3 The current selling price of a comparable product or service sold by the advertiser or by others in the trade area (e.g., “comparable value,” “compares with products or services selling at $_____,” “equal to products or services selling for $_____”).
2.2 In each case, the advertisement must clearly and conspicuously disclose which basis of comparison is being used.
2.3 When these comparisons are made in advertising, the claims must be based on the provisions in Sections 3 - 7.

As of 3/5/2024, business has not responded to BBB emails or modified the website.