Fireplace Equipment
MagikFlame, LLCThis business is NOT BBB Accredited.
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Complaints
Customer Complaints Summary
- 10 total complaints in the last 3 years.
- 6 complaints closed in the last 12 months.
If you've experienced an issue
Submit a ComplaintThe complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.
Initial Complaint
Date:05/02/2025
Type:Product IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
The videos and pictures online (MagikFlame) do an amazing job depicting the fireplace. Unfortunately, once received and put together, you have a piece of glass set at a 45* angle which projects the image of the fire. It looks like a tv screen with reflections. It shows this once you open the manual but no where on their website does it show a reflective piece of glass. It also shows a picture of the fireplace angled which the manual does say you need to view it straight on but why does it look so nice in the picture online? No where online does it show this reflection, glass panel or TV screen looking background. I have videos as well if needed. I believe this is false advertising.Business Response
Date: 05/05/2025
Thank you for forwarding Mr. ********* concerns. We regret that his first impressions did not match the experience shown on our website and in our literature. Below we (1) restate the disclosures that accompany every MagikFlame unit, verbatim and highlighted for ease of reference, (2) explain the probable causes of the reflections he filmed, and (3) outline the steps we will take to resolve the matter quickly and fairly.
1 Key disclosures provided in the manual, ***, and Returns Policy
From the *** page (There is a reflection in the glass):
**When viewed straight on, from at least 4-5 feet away, and at a seated viewing position, you will not see any reflection in the glass. If you are standing point blank in front of the fireplace, and looking straight down on it, you may see a little bit of reflection of your ceiling on the bottom 2? of the glass. This completely disappears once you back up several feet like you would when actually enjoying a fireplace from a realistic viewing position.
With our fireplace you get flames that look real. Any electric fireplace is best viewed from the front and ours is no different in that regard, but our holographic technology does rely on glass so that the flames can be projected on that surface. Our fireplace looks very real and when installed properly, is almost indistinguishable from the real thing. No other fireplace even comes close.**
From the Returns & Warranty Policy (a):
(a) MagikFlames HoloFlame 28? insert uses holographic glass with a special optical coating that makes it highly reflective. Please be aware that bright ceiling lights and light from windows may be visibly reflected on the glass. The HoloFlame insert looks best in dim lighting, and away from bright light sources. Like any electric fireplace, MagikFlame is best viewed from straight on; it does not look as realistic when viewed from a diagonal or side angle. Enjoy your MagikFlame from a seated position, 6-8 feet away from the firebox, and facing directly towards the insert to reduce the reflections from other light sources. We recommend elevating the Insert up, off of the floor by several (5-9?) inches for best performance. Do not place the Insert directly on the ground as this affects the desired viewing angle. Standing above the Insert looking down on it, and/or viewing from extreme side angles will not result in optimal appearance. Its best viewed from a couch or seated position several feet away from the viewable area. Please consider the reflective nature of the glass and your interior lighting scheme before ordering and call us if you have any questions.
These passages appearword for wordin the printed manual, on our *** page, and in the policy section customers must accept at checkout.
2 **************** is seeing reflections
Viewing angle: Photos appear to be taken while standing directly above or very close to the glass. That will reveal ceiling reflections that disappear when viewed straight-on from 4-8 ft away.
Glass alignment: If the 45 glass is not resting fully against the rear support bracket, reflections increase. We have not yet verified his installation.
Flame scene chosen: The insert contains 30 different flame videos. Some darker hearth scenes almost eliminate glare; brighter ones reflect more room light.
Ambient lighting: Strong overhead fixtures or daylight from nearby windows will reflect unless room lighting is moderated as advised.
3 Proposed resolution
Live troubleshooting call We will schedule a brief video or phone session to confirm glass placement, verify elevation, optimize room lighting, and help Mr. ******** test several flame scenes until he finds the one that best matches the website imagery.
Follow the manuals Optimize Flame Appearance guide During that call we will walk Mr. ******** step-by-step through the exact pages of the printed manual that explain how to (a) adjust viewing distance/height, (b) choose darker hearth scenes for reduced glare, and (c) fine-tune ambient lighting for a lifelike presentation.
Return option If, after following the optimization guide, Mr. ******** remains unsatisfied, he is welcome to exercise our 30-day return policy exactly as stated on our website; we will honor it in full.
Conclusion
We respectfully disagree that our marketing is misleading: the product photos and videos were taken under the same conditions detailed in the highlighted passages above. That said, we are committed to helping Mr. ******** achieve the same lifelike effect or, if he prefers, to process a prompt return.
Please let us know the best way to contact Mr. ******** to arrange the walkthrough at his convenience.Sincerely,
MagikFlame TeamCustomer Answer
Date: 05/05/2025
Complaint: 23278778
I am rejecting this response because: I have sent pictures and videos and it was confirmed by MagikFlame that the installation was done correctly. Also, additional pictures/videos were sent and the viewing is 8 away on my couch straight on with the glass outline visible with a gray TV looking background. This is when I was told to pick the brick background which I shouldnt have to. Bottom line, it is definitely not whats depicted online. I understand the legality of accepting the legalese but perhaps its my fault because after watching the beautiful video and seeing the beautiful pictures online, I was too trusting of MagikFlame. I would be more than happy to send more video and pictures to prove it does not match what is advertised. The angles picture of the Artemis on the website is not straight on at 6-8 so why does it look perfect? Again, I had high hopes and got burned. Going to end up ****** learned most likely. Thanks.
Sincerely,
****** ********Business Response
Date: 05/07/2025
MagikFlame appreciates Mr. ********* continued dialogue and the photos and videos he has supplied. We want him to experience the lifelike flames shown on our website, and we remain confident this can be achieved with a few verifications that have not yet been completed. Although the images he shared confirm the holographic glass is angled correctly, optimal performance depends on three additional details. First, the glass must rest flush against the rear wall of the firebox; even a quarter-inch gap can introduce unwanted reflections and create the pale gray screen he describes. Second, the brightness and contrastadjustable with the included remoteshould be lowered from factory maximums; our support team can walk him through that process by phone while he texts updated photos or brief videos. Third, selecting one of the optimized darker scenes, such as the brick-hearth flame, eliminates residual glare in brighter rooms. The flame currently shown in his photos is not one of these optimized scenes, so the unit has not yet been tuned for his environment. Choosing among the thirty built-in flames is an intentional feature, not a workaround, and lets each customer tailor the look to individual lighting and dcor.
Mr. ******** also asks why the promotional photo of the Artemis mantel appears flawless at an angle greater than six to eight feet. That image was shot with the glass seated firmly against the back wall, brightness balanced to studio lighting, the insert elevated seven inches, and an optimized wood burning flame selectedthe same conditions recommended in our manual. When those guidelines are followed, the glass outline disappears, and we believe the identical result is attainable in his living room. We would be happy to schedule a brief phone consultation at his convenience; during the call a technician can review fresh photos or short video clips, confirm glass seating, guide him through brightness and contrast adjustments, and help him select an optimized flame until the presentation matches our website photography.
If, after completing this troubleshooting call, Mr. ******** still feels the fireplace does not meet his expectations, he may return the unit under our thirty-day policy. In that event he would arrange the return shipment and, once the fireplace arrives in good condition, MagikFlame will issue a refund minus the original outbound freight charge and the standard restocking fee agreed to during checkout. These terms are the same for every customer and are clearly presented in our policies.
We respectfully remind Mr. ******** that MagikFlame uses proprietary holographic technology to deliver the most realistic flame effect available in an electric fireplace today, yetlike any electric fireplaceit can never be absolutely indistinguishable from a wood-burning fire. Within that inherent limitation, our product can achieve the lifelike look depicted online when installed and adjusted as instructed. We remain eager to assist him and invite him to contact MagikFlame Support as soon as possible so we may either fine-tune his insert or process a return in accordance with the terms above.
MagikFlame StaffCustomer Answer
Date: 05/14/2025
Complaint: 23278778
I am rejecting this response because: I still believe the video which I would say most people watch get sold including my wife and I. It is a bit unreasonable to expect the consumer to click on every button and read a manual that we dont have on us. I will call you on Monday when I am back in town for that consult to hopefully reduce the tv appearance and glass silhouette. As for the return, yes I signed the fine print, but I never thought I would ever have to return it after watching that video. I guess I got bit with others who have made the same complaint. I will hope that the call can help as I was already told it was installed correctly and not told of other solutions until now. Thanks.
Sincerely,
****** ********Business Response
Date: 05/15/2025
MagikFlame is sincerely committed to helping every customer achieve the most realistic flame effect possible, and we appreciate Mr ********* willingness to work with us. Most TV-screen or glass-outline concerns vanish once three simple steps are completed: (1) select one of the optimized scenesspecifically a brick-hearth backgroundbecause those flame was designed for brighter rooms like his and there are multiple to choose from; (2) lower the projectors brightness and contrast several levels using the handheld remote; and (3) enjoy the fireplace from the recommended seated position, 6-8 feet directly in front of the insert, with the holographic glass leaning firmly against the rear panel. These adjustments typically take only a few minutes over the phone with one of our technicians.
We encourage Mr ******** to call our technical-support line at his earliest convenience so we can walk through these settings together. While the BBB is an excellent forum for logging and resolving complaints, it is not ideal for the back-and-forth details of technical troubleshooting or for initiating a return. Our support staff is ready to assist by phone, and we are confident the above adjustments will deliver the lifelike presentation. If, after speaking with our team, Mr ******** still feels the fireplace does not meet his expectations, he is welcome to return it within the thirty-day window in accordance with the policies he accepted at checkout; a refund will be issued once the unit is received and inspected.
We genuinely want Mr ******** to love his MagikFlame or, if that proves impossible, to complete a free return within the window with original packaging. Please contact us directly so we can resolve this matter quickly and courteously.
Sincerely,
MagikFlame StaffCustomer Answer
Date: 05/20/2025
After discussing with tech it is verified that it is installed correctly. They said (paraphrasing) there will always be some reflection/tv appearance (because of the tv) but still wont answer why their advertising doesnt show any reflections or glass. Their only response is that it is perception. So now I am convinced their advertising is misleading and cleaned up since no reflections and gray tv screen appearance. No resolution met. Their advertising should be looked into.
Business Response
Date: 05/21/2025
MagikFlame provides this update regarding Complaint #********.
A technical-support call with *** ******** took place on May 21, 2025 and lasted 18 minutes (see attached call-log screenshot). Following the call, *** ******** advised us that he does not wish to return the product.
We reiterate the key points already stated in earlier responses:
* When the insert is viewed from the recommended seated position several feet directly in front of the firebox, reflections are not visible in the glass, as shown on our web site.
* Selecting one of the optimized scenesparticularly a brick-background flameeliminates any mild glow that can appear in bright rooms on some of the 30 flames, invisible on others.
* All images and videos on ************************** accurately represent the product when it is installed and viewed from a seated or standing position several feet away.MagikFlame has supplied ample technical assistance and verified that the unit functions as designed. If *** ******** has any additional questions or requires further guidance, our support team remains available by phone for prompt assistance.
Because the customer has chosen to keep the fireplace and is not requesting additional action, we respectfully consider this matter closed.
Sincerely,
MagikFlame StaffBusiness Response
Date: 05/21/2025
MagikFlame would like to submit this additional clarification for Complaint #********. The customers latest videoa frame of which is attachedshows the fireplace operating with the brick-background flame that our support team recommended for brighter rooms. In this footage the holographic glass is free of reflections, and the faint TV glow that concerned Mr. ******** is no longer present. The flame effect appears exactly as intended: seated viewing distance, proper glass alignment, and the optimized scene selected all combine to deliver the lifelike look depicted on our website.
This new evidence confirms that the insert functions correctly when used in accordance with the manual and the guidance we provided during the May 21, 2025 support call. We remain available by phone should Mr. ******** have any additional questions, but at this point the product demonstrably meets its advertised performance. Accordingly, we again respectfully consider this matter closed.
Sincerely,
MagikFlame StaffCustomer Answer
Date: 05/21/2025
Complaint: 23278778
I am rejecting this response because: Unfortunately we can not come to an agreement as the glass and tv appearance is no where on their website and in multiple lighting scenarios it shows on mine. MagikFlame has failed to answer why their videos dont show it and they mentioned its under studio conditions which is misleading. I wont return it because of their egregious return policy. If I dont just accept the the inferior product compared to what is shown online then I will donate it.
Sincerely,
****** ********Initial Complaint
Date:04/04/2025
Type:Product IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
I purchased the fireplace insert from Magik Flames in mid-March 2025. The product was almost $3000. When I and the contractor Im working with, unpacked the fireplace insert, it was noted that the item was damaged. The upper left side of the video camera housing had fallen loose. In addition, I was very disappointed in the looks and the quality of the fireplace. After some consideration I decided to return the item packed it up and sent it back as directed. The company has had the returned item for over a week. I have contacted the customer service contact Ive been working with numerous times asking about my refund. I finally received an email indicating that my refund was under review by the technical team . I dont understand, whats to review? Ive sent the product back in less than 2 weeks time. All of this (purchase to return) has taken place in less than a month. Im concerned that Im going to get ripped off in terms of my refund. If you need any documentation please let me know.Business Response
Date: 04/07/2025
Dear Better Business Bureau,
Thank you for bringing ****************** concerns to our attention regarding her recent purchase and return of our fireplace insert. Our goal is always to provide a positive experience for our customers, and we regret any inconvenience this situation may have caused.
Upon receiving the returned item, our standard procedure requires that a member of our technical team physically inspects and tests all merchandise to confirm its condition. This process can take additional time, as we must ensure the products functionality, assess any possible shipping damage, and document the returns condition. We apologize for any frustration this necessary review period may have caused.
Following our inspection, we have issued Ms. ****** ****** a refund of $2,166.36. This amount reflects:
The original purchase price of $2,995.00
Minus a 20% restocking fee
Minus $229.64 for the original shipping cost
These charges are in accordance with our standard return policies, which outline the restocking fee for returned items and deduct original shipping costs. While we understand this may not be the outcome Ms. ****** ****** had hoped for, our policies are designed to ensure fairness to all customers and to help offset operational expenses.
We appreciate ****************** patience and assure her that the refund was processed as soon as our technical team completed its inspection. It may take 7-10 days for the credit to appear on the original payment method. If there are any further questions or additional details needed, we are more than happy to provide documentation or clarification. Please feel free to contact us directly.
Thank you for your time and for the opportunity to address this matter.
Sincerely,
MagikFlame TeamInitial Complaint
Date:10/08/2024
Type:Delivery IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
1.17.24 order # ****** $2795.2.12.24 notified seller received dented insert.2.28.24 received replacement insert.4.3.24 notified seller missing pieces.4.5.24 received missing pieces.4.5.24 notified seller missing remote.4.12.24 received missing remote.5.28.24 i accidentally broke the glass trying to get the fireplace to work. paid $200 for replacement.mid-june - received replacement glass. tried for a few weeks to make the fireplace work.7.10.24 tech support phone call. notified touchscreen doesn't work.7.12.24 touchscreen picked up for repair.7.30.24 received repair touchscreen. notified logs don't work.8.1.24 logs picked up for repair.8.26.24 received repaired logs, but was very sick that week.8.31.24 notified touchscreen doesn't work and flames are frozen.tried to schedule troubleshooting call asap.9.6.24 tech support call. FIRST TIME the fireplace appears to be working.9.19.24 notified logs won't sync and smelling burnt wires. unplugged whole unit and tried to schedule tech support phone call asap.9.24.24 reached out again because no response from my 9.19.24 notification of needing tech support call.10.2.24 left message for owner ****** ********.10.3.24 tech support emailed and left me phone message which were of no help.10.4.24 i left 2 messages and an email for tech support reminding again that logs don't work.10.6.24 i emailed tech support trying to schedule a support call or get a total refund.10.8.24 i emailed and left message tech support a message. still can't get a response.Business Response
Date: 10/09/2024
Dear BBB Representative,
Thank you for allowing us the opportunity to respond to the concerns raised by our customer regarding order #******, placed on January 17, 2024. We value every customer and deeply regret any frustration they may have experienced throughout this process.
Summary of Events and Our Response:
Product Issues & Support: The customer experienced various issues, including a dented unit upon arrival, missing parts, and challenges with the touchscreen and logs. The dent was a result of shipping, which is unfortunately outside of MagikFlame's control. However, we promptly replaced the unit at no additional charge to the customer to ensure their satisfaction.
Missing Parts: Although our records indicate that all parts were included in the original shipment, we took the customer at their word when they reported missing parts. We sent replacements free of charge as a gesture of goodwill to ensure the customer had everything they needed.
Touchscreen Replacement: When the touch screen was replaced, it could have caused the logs to experience issues with syncing properly. Our tech support team provided guidance to address this, ensuring that the customer had the information needed to reset the logs and get the system functioning as intended.
Research & Call Timelines: As a small family business, we take pride in providing personalized service to our customers. Our support team conducts internal research between calls to thoroughly investigate issues and find solutions before following up. This process can take a few days, especially with more complex cases such as this, as we want to ensure that we are fully prepared to assist the customer effectively during each call.
Warranty Coverage: The product remains fully covered under warranty, and we are committed to providing any repairs necessary at no charge. As soon as we were made aware of the concerns about a possible burning smell, we began to arrange sending a prepaid return label for the logs and heater unit so that we can inspect, repair, or replace any components as needed to ensure the product is safe and functioning properly.
Return Window: The unit is well outside the 30-day return window; however, we remain committed to supporting the customer through repairs and technical assistance as covered by the warranty.
Touchscreen and Syncing Issues: Issues such as a frozen touchscreen or flames can often be resolved by simply unplugging the fireplace and plugging it back in, similar to resetting a computer. We have provided these troubleshooting steps to the customer and have made tech support available to guide them through these processes.
Dedicated Support Team: Our owner, ******, does not handle direct tech support calls, as we have a dedicated team specifically trained to assist with these technical matters. This team has provided multiple support calls, repairs, and extensive guidance to ensure that the customer can use the product correctly. We have already scheduled a follow-up call with our Level Two Tech Support to further assist with any remaining issues, including syncing the logs.
Customer Guidance: We understand that learning to use a new product can sometimes be challenging, and we have been committed to supporting the customer at every step. Many issues related to the logs being out of sync can be resolved by following the printed instructions included with the unit, reading our detailed online FAQ, or through the guidance provided during support calls.
Commitment to Resolution:
We truly regret that the customer has encountered these difficulties, as this situation is exceptionally rare. Our goal is to ensure the product fully functions as intended, and we will do whatever is required to make things right. We are here to provide repairs, support, and any additional assistance necessary to resolve all concerns.
Thank you for your time and consideration. We remain committed to ensuring our customer is satisfied and has a positive experience with our product.
Sincerely,
MagikFlame StaffCustomer Answer
Date: 10/19/2024
Complaint: 22396149
I am rejecting this response and postponing my reply because Magikflame is making another attempt at fixing the logs. This BBB complaint will remain open until I have received the replacement logs, and the fireplace consistently works for 2 months. Let it be noted again that in all the time since my purchase and have been working to resolve the problems with Magikflame, this product has only worked ONE DAY. If/when the product works for 2 months straight, then I will cancel this BBB complaint.
Sincerely,
******* ******Initial Complaint
Date:10/02/2024
Type:Product IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
On 9/24/24 order over the phone with ******. He suggested, since they arent in stores, they offer an in home trial for 30 days! No mention of return shipping, 20% restocking or inspection fee! If not completely satisfied, return it! We would never have ordered had we known. Received on 9/27/24. I called support 9/27. We thought we were missing 3 items! Never got a call back! 9/28th, 2 calls, was told support is 24/7, I will get a call back! I did not! I text to ****** for help. 9/30, I made a total of 12 calls to support! I called shipping! They gave me a number no longer in service! 10/1 afternoon ****** called. I was informed that all calls are recorded. if I agreed to a recording say yes! Which I did. It seems like the picture flickers! ****** answered yes it loops so there will be a flicker. This is a problem with us. If this is such a high-quality product, I should not see this! This along with the lack of support are grounds for customer dissatisfaction! We have a small room and get a bad reflection! Grettss solution, as recorded, move the unit to another room! That is NOT AN OPTION! Logs/projection image is very poor! Her explanation we are too close, move it! Room size and optima viewing specification were never discussed in our initial call with ******. ****** never mentions checking the angle of the reflective glass! This is important because ****** did ask me when he called after ******. I told ****** yes, only because the unit was boxed up. Magikflame is very poor in their 24/7 customer support! and transparency about additional fees that can add up to well over $1000! I never received an invoice giving break down of cost! ****** told us about a $500promotion if we liked Magikflame across several social media platforms! After my frustrations with your company you blocked me and my review. This is extremely poor business ************ hide real issues to the public who are seeking information regarding your company! It is example poor transparencyBusiness Response
Date: 10/04/2024
Dear Better Business Bureau,
Thank you for the opportunity to respond to Ms. ******** ********** complaint. We aim to address her concerns while standing firm on the facts surrounding this situation.
First, regarding the 30-day in-home trial, we want to clarify that while this trial is offered, return shipping costs are the responsibility of the customer, and a restocking fee applies when a product is returned in non-defective condition. These terms are fully disclosed on our website, both under the "30-Day In-Home Trial" icon and in our return policy, which is easily accessible from every page on the site. Additionally, the full refund policy is hyperlinked at the bottom of the 30-day trial page for transparency. We want to stress that our return policy is no different that others in our industry, and these types of fees are common for ecommerce. We regret that Ms. ******** may not have reviewed these terms, but they are clearly available for all customers to read before making a purchase linked to from several highly visible places on our web site.
It is important to note that the product was not returned to us in the same condition in which it was shipped. Upon receiving the unit, we found that the log set was broken. Whether this damage occurred during shipping or beforehand, we cannot confirm. However, as per our clearly outlined return policy, items must be returned in "like-new" condition. Since the log set was broken, possibly by Ms. ********* this directly impacted the refund amount. We charge accordingly for replacement parts and in line with our published policy. Photos of the broken log set have been attached to this response for your reference, so it is clear the product was not returned in its original condition affecting the refund amount [Broken Log Return 1.jpeg, Broken Log Return 2.jpeg, Broken Log Return 3.jpeg].
We would also like to address the concern Ms. ******** raised about the flame flicker. As previously stated, any flicker occurs only in a very small number of the 30 flame options, and when it does happen, it lasts for less than half a second at the loop point. ***** explained this during her call with Ms. ********* and we have call recordings that confirm Ms. ******** acknowledged and accepted this explanation at the time. Furthermore, during her subsequent conversation with ****** [9-30-24 - recorded call audio.mp3], the owner, no mention was made of the flame flicker. We have provided these call recordings to the BBB as evidence, confirming that Ms. ******** did not raise concerns about this issue beyond the initial conversation with our technician.
Contrary to what has been stated in this complaint, our customer service was responsive and thorough. Ms. ******** received support from multiple levels, including Level 1, Level 2, and direct follow-up from the companys owner. We provided all possible technical assistance, but by the time ****** reached out, the product had already been boxed for return, limiting our ability to troubleshoot further. We also requested photos or videos of the unit in operation to help us diagnose potential issues, but these were never provided.
Finally, we must address the fact that Ms. ******** has been posting false or misleading information about her transaction with us in public forums. This is defamation and is a serious crime. We have attached to this response call recordings, that show that Ms. ******** was informed of the products features and limitations were addressed thoroughly, but we do not believe room size or lighting to be an issue, and we believe the product was not properly set up, which ****** tried to solve for. Gretas technical suggestions were acknowledged by Ms. ********* and no flame flicker concerns were mentioned to ******. These recordings have been shared with the BBB to provide accurate context for the situation.
In closing, while we understand Ms. ********* frustration, we stand by the fact that our return policies are transparent, the product was returned severely damaged, and the customer was adequately supported through multiple levels of technical assistance. We believe we have acted in accordance with our policies, and we have adjusted the refund appropriately based on the product's condition upon return.
Sincerely,
Customer Support Team
**********************Customer Answer
Date: 10/16/2024
Dear BBB
The response from Magikflame states that "you first contacted us on September 30, 2024, and we promptly returned your call the same day!" If that were true, Magikflame should supply us with the recorded conversation! As you can see from my call log that is attached, I called at 9:29 AM; 9:30 AM; 11:21AM; 11:25 AM (4 attempts);11:32 AM; again 11:32 AM (those were to shipping) 4:11 (5 attempts). There was no return call to me on Sept 30th!
Furthermore, Magikflame claims "Tech support reached out to you in an effort to assist you the same day (Sept 30th), but you mentioned that the unit had already been boxed up and was ready for return!" That is incorrect! We did not box up the unit until AFTER our call with ****** (Oct 1at sometime around 4:30 PM), At which time, ****** (tech support) only suggestion was to "move it to another room" she was not able to help. In addition, Magikflame did not supply the BBB with this recorded conversation that I agreed to, with their documentation. Magikfalme only supplied BBB with one recorded conversation that took place with ******, the owner on Oct 1st., which took place after my conversation with ******, and yes, the unit was boxed up at that time!
Lastly, Magikflame states, we sent you the return instructions via email and explained that the return and refund process would be handled according to the policy you accepted at the time of purchase. Please provide me and the BBB with a recording that I agree to, or documentation that supports this claim! The order was taken over the phone and there is no documentation given to me at the time of purchase regarding the return policy.
Sincerely,
******** ********Customer Answer
Date: 10/16/2024
Complaint: 22370902
I am rejecting this response because:
The response from Magikflame states that "you first contacted us on September 30, 2024, and we promptly returned your call the same day!" If that were true, Magikflame should supply us with the recorded conversation! As you can see from my call log that is attached, I called at 9:29 AM; 9:30 AM; 11:21AM; 11:25 AM (4 attempts);11:32 AM; again 11:32 AM (those were to shipping) 4:11 (5 attempts). There was no return call to me on Sept 30th!
Furthermore, Magikflame claims "Tech support reached out to you in an effort to assist you the same day (Sept 30th), but you mentioned that the unit had already been boxed up and was ready for return!" That is incorrect! We did not box up the unit until AFTER our call with ****** (Oct 1at sometime around 4:30 PM), At which time, ****** (tech support) only suggestion was to "move it to another room" she was not able to help. In addition, Magikflame did not supply the BBB with this recorded conversation that I agreed to, with their documentation. Magikfalme only supplied BBB with one recorded conversation that took place with ******, the owner on Oct 1st., which took place after my conversation with ******, and yes, the unit was boxed up at that time!
Lastly, Magikflame states, we sent you the return instructions via email and explained that the return and refund process would be handled according to the policy you accepted at the time of purchase. Please provide me and the BBB with a recording that I agree to, or documentation that supports this claim! The order was taken over the phone and there is no documentation given to me at the time of purchase regarding the return policy.
Sincerely,
******** ********Customer Answer
Date: 10/16/2024
With regards to my last remark: Lastly, Magikflame states,we sent you the return instructions via email and explained that the return and refund process would be handled according to the policy you accepted at the time of purchase. Please provide me and the BBB with a recording that I agree to, or documentation that supports this claim! The order was taken over the phone and there is no documentation given to me at the time of purchase regarding the return policy. There is no supporting documentation that states I agree to terms and conditions!
Regarding the concerns mentioned in your reviews, Magikflame suggest, we did not receive any photos or videos of the issues you encountered. Please provide both the BBB and me with documentation supporting this request for photos and or video.Regards,
******** ********
Customer Answer
Date: 10/17/2024
Dear BBB,
I understand you cannot change a companys policy, and I'm not suggesting a policy isn't in place. However, if one doesn't have a computer or access to one during the time of purchase, which was my case, hence the call was made to place the order via phone. How can one read their terms and conditions at the time of purchase? One would expect the policy, terms and conditions to be given at that time of phone purchase! How can you justify this company not verbally giving me their terms and conditions if the order is taken over the phone?
Regards,
******** ********Customer Answer
Date: 10/18/2024
Complaint: 22370902
I am rejecting this response because: Acknowledging the log box came to you damaged and is not salvageable, the firebox was not. We never received a refund for the firebox.
We would like photos of all sides, including the top and bottom and inside packaging of the log box. In addition, the entire fire log unit including the plug.
In invoice which we never received and requested in the initial complaint. A breakdown of the cost of the firebox and log unit, and any additional charges.
Sincerely,
******** ********Customer Answer
Date: 10/21/2024
correction on my dates regarding the call log.
I received the unit on Sept 27th. 1 call to customer service regarding missing items. No call back!
Multiple calls on Saturday September 27th to the 27/7 customer service number. No call back!
No return call Sunday Sept 29th from 27/7 customer service!
Monday Sept 30th around 4:30 PM 1 call back from **************** ******. Recording submitted by Magikflame. Followed by a call from ******. Magikflame states I received multiple calls from support levels 1 and 2. If that is the case, please provide me with the audio recordings.Regards,
******** ********Business Response
Date: 10/28/2024
Dear Better Business Bureau,
Thank you for the opportunity to respond to the complaint submitted by Ms. ******** ********. We value all feedback and take any concerns very seriously. We would like to address the points raised and provide further clarification:
Refund Issued: A refund for the damaged fireplace was issued in accordance with our policy on October 23, 2024. This refund was processed after the customer returned the items. Upon receiving the returned logs, we emailed Ms. ******** photos of the broken logs to provide her with documentation so that she can file a freight claim. She was charged $300 for the damaged log set and refunded in accordance with our posted policy.
Request for Additional Photos and Information: We have already provided detailed photos of the damaged logs and the packaging upon receiving the returned items. These photos were sent to Ms. ******** 10/23/24 for her records to assist in filing a freight claim. If further clarification or additional information is needed, we would be happy to assist.
We have attached a photo of the broken logs to this complaint for the BBB and to document the damage. In addition we have attached proof of email with the attachments of the damaged log set.
Call Log and **************** Response:
Our records indicate that multiple attempts were made by both levels 1 and 2 support to contact Ms. ********* as stated in our previous communication. We are unable to provide audio recordings of these calls but assure that every effort was made to provide prompt assistance.
We appreciate the opportunity to address these concerns and remain committed to resolving the matter professionally and efficiently. Please do not hesitate to reach out if further clarification is needed.
Kind regards,
MagikFlame LLC
Customer Support TeamCustomer Answer
Date: 10/29/2024
Complaint: 22370902
I am rejecting this response because: I have requested photos of all 4 sides of the box along with top and bottom. Including the inside packaging. In addition, the entire log unit including the plug. The photos given are only of the log unit showing the damaged part.
Magikflame suggests I was contacted by both Tech 1 and 2,and yet they have only supplied me with 1 recorded call from ****** and the owner ******, who in their own words said, the owner does not offer tech support! Once again, I would like the recording of the additional tear 2 tech support!
Also, Magikflames restocking fee (see attachment) states there is a 20% reconditioning fee for all non-defective units! therefore, since the logs were damaged the restocking fee should not be applicable because they were in fact, in their words defective!
Sincerely,
******** ********Customer Answer
Date: 10/29/2024
This is the 4th or 5th request. Please send me my original purchase invoice via the BBB correspondence! I received something via e-mail from Magikflame.However, it is not downloadable. I need an original purchase invoice to submit to FedX!
Regards,
******** ********
Business Response
Date: 10/29/2024
Dear Ms. ****************** you for your message. We want to address each of your concerns professionally and clarify our position.
Photos of the Log Unit and Box: We have provided the necessary photos of the damaged logs and the box they were returned in, fulfilling our obligation to document the condition of the returned item. The logs were visibly cracked upon their return, indicating they were damaged either by you or during transit. They were shipped out from MagikFlame in working condition (non-broken). Filing a freight claim does not require photographs of the plug, as this is unrelated to the damage in question. We will not be photographing the plug.
Tier 2 Tech Support Call: As for your request regarding the "Tier 2 tech support" recording, we have provided the call recordings to BBB. We stand by the communication you have received and believe it fully addresses the tech support aspect of your complaint.
Restocking Fee: Regarding the 20% restocking fee, it applies only to "non-defective" units. Since the logs were returned damaged (by you or the carrier), we charged accordingly for the damage as previously stated plus shipping and restocking fees. You were then appropriately refunded in accordance with our published policy. The policy is not open for interpretation and is very clearly written and well defined.
Original Purchase Invoice: The original purchase invoice was sent to you via email at the time of your order. It can be printed directly from that email for submission to *****. Should you require further assistance in accessing the document, we recommend reaching out directly to our internal support team, who will be happy to assist. BBB is not the platform for document requests.
We recommend you only file a freight claim with the carrier for the $300 in damage to the logs. The shipping expense and the restocking fee is not the responsibility of the carrier. Please open a line of communication with the shipping carrier directly so you can recover your damages for the broken log set if you believe they damaged the product in transit.
We believe we have provided a complete and thorough response, along with the required documentation, both to you and the Better Business Bureau. For further queries or additional support, please contact your designated internal MagikFlame representative. We will not continue to address this matter through the BBB platform, as we consider our obligations in this case fulfilled.
Thank you for your understanding.
Best regards,
MagikFlame LLCCustomer Answer
Date: 10/30/2024
Mr. ******** sent me several photos on 10/29/24 via e-mail.I'm requesting all corresponding be made through the BBB. In addition, Fed-X requires pictures of external carton which have been provided. However, I have not received, and yet, have made several requests for photos of inside packing and plug!
Regards,
******** ********Customer Answer
Date: 11/01/2024
Complaint: 22370902
I am rejecting this response because :Fed Ex is requiring: An inspection report that contains images of your "shipments packaging" and damaged contents! You have provided photos of the box and damaged logs. However,the packaging has not been provided nor has the plug and cord. If you are unable to provide these and do not wish to continue communicating via BBB, I will contact the *********************************************************** for additional help.
Regards,
******** ********
Sincerely,
******** ********Business Response
Date: 11/05/2024
Dear BBB Representative,
We have attached additional photos of the logs, the box, and the packaging, as well as the cord as requested. We have made every effort to document the condition of the items for the purpose of any necessary claims or inspections.
It is important to note that the customer, Ms. ******** has not reached out to our dedicated tech support team for assistance, despite our willingness to help and our request to keep the communications internal and direct. We encourage Ms. ******** to utilize our internal support systems and email communication to resolve these issues effectively. Our team remains committed to working through the concerns she has raised.
Furthermore, we have not indicated at any point that we would refuse to work through the issues. We are fully prepared to continue addressing them. However, we must emphasize that the BBB forum is not the appropriate venue for detailed technical discussions and claim resolutions. We kindly request that the customer engage with us directly via email moving forward so that we can provide the best support possible in a timely manner.
Thank you for your attention to this matter.
Sincerely,
MagikFlame StaffCustomer Answer
Date: 11/05/2024
Complaint: 22370902
I am rejecting this response because:
As previously mentioned, I took out insurance on the return shipment to ensure that the product was properly documented in case of any issues. ***** inspected the package before sealing the boxes and confirmed that everything was properly packaged with no broken parts. Unfortunately, my insurance claim was denied because Magikflame did not provide the required photos of damaged packaging. I want to emphasize that there were no issues with the packaging or condition of the product when it was returned.
There is a discrepancy in the photos provided by Magikflame. The photo show a wire wrap and a plug protector on the plug. However, I used a zip tie to secure the wiring, not the original wire wrap, and the plug protector was not on the plug when I shipped the unit back. This discrepancy is evident in their photos, which clearly show that the product Magikflame has on file is not the same unit that I returned. I have additional evidence to support this claim, and I believe the photos provided by the company do not reflect the condition of the log unit I sent back.
Given these discrepancies, I am requesting that Magikflame refund the $300 charged for the log unit, as the photos they have provided do not match the unit I returned to them. I also believe that this issue warrants a refund of the ***** shipping and insurance costs, as the situation has been caused by the company's misleading actions and failure to properly document the return process.
Based on my previous experiences with Magikflame, I do not trust that the company is handling this matter honestly. As such, I feel that a third-party mediator, such as the BBB, is necessary to ensure a fair resolution. I am asking for your continued assistance in facilitating this process and resolving the issue with the appropriate credits and compensation.
If this issue is not resolved promptly and fairly, I will not hesitate to escalate the matter further. I am prepared to contact the **************************************** and the ******************* to seek additional support in addressing this matter. I believe these actions are necessary to ensure that Magikflame is held accountable for its misleading practices and failure to resolve this issue appropriately.
I have made every effort to return the product in good faith and have provided the necessary documentation to support my claim. However, I feel that Magikflame is deliberately misleading in its handling of this issue, and I respectfully request that they issue the appropriate refund for the log unit, as well as reimbursement for the shipping and insurance fees.
Thank you for your attention to this matter. I trust the BBB will assist in ensuring a fair resolution. Please let me know if any further information or documentation is needed from my end.
Sincerely,******** ********
Business Response
Date: 11/08/2024
Subject: Response to Complaint #********
To ****************************************************** has consistently acted with full transparency and integrity throughout this process, meeting every request for documentation and clarity. We are compelled to address the unfounded accusations now being lodged against our business, which we find not only misleading but defamatory.
From the onset, we have complied fully with every request for evidence, sending files that comprehensively document the state of the returned log set upon receipt. The file Photos.zip, provided initially, clearly shows the actual returned log set, its damages, and the original shipping box in which it arrived. Additionally, upon further request, we provided Logs Packaging.zip, containing images of a separate, identical log set packaged in our standard manner to demonstrate the consistent, careful packaging used for every log set shipped. We even included an image of the power cord, although its relevance to the matter was never clarified by the customer. We acted in full compliance with standard shipping documentation practices, accurately and sufficiently detailing the return.
Despite our adherence to these standards, the customer has chosen to make unsubstantiated public claims about our business integrity, questioning the legitimacy of our practices and making damaging statements that threaten our professional reputation. These statements have no basis in fact, and we have irrefutable photographic evidence disproving the customers accusations.
********************** does not take lightly the spread of false information that could harm our standing. We have therefore consulted with our legal team to prepare for immediate and decisive legal action if these defamatory statements continue. Public allegations that question our honesty, accuse us of fraud, or suggest we acted unlawfully are, by legal definition, defamatory and expose the individual making such claims to potential civil liability. We will vigorously pursue all available legal remedies if the customer continues to disseminate these unfounded accusations in a public forum.
We urge the BBB to consider the documented facts of this matter. MagikFlame has been forthright and has engaged professionally with this customer at each step. However, we cannot and will not tolerate the propagation of falsehoods that damage our reputation, nor will we stand by as baseless accusations are made against our company.
This response is our final statement on this matter. Any further disparaging comments posted by the customer that malign our business or suggest unethical conduct will result in our legal team pursuing appropriate recourse to protect our reputation.
Thank you for your attention and understanding.
Sincerely,
MagikFlame LLCBusiness Response
Date: 11/11/2024
To address the concerns raised by Ms. ******** and to provide additional clarity, MagikFlame has attached new photos of the returned log set, including the requested photos of the cord from the actual return as we now understand the purpose behind this unusual request. These photos demonstrate that the returned log set was, in fact, received in damaged condition, as originally documented. While we understand that Ms. ******** requested photos of the cord to support her claims, these photos are not relevant to a freight claim, as the central issue here is the products condition upon return. Nevertheless, we have provided these additional photos to close this matter.
MagikFlame categorically refutes any allegations of dishonesty or improper conduct in handling this return. We operate with integrity and honesty and are transparent about the condition of returned products. Our records, including photo documentation provided (Cracked Logs with Cord.zip, Photos.zip, Logs Packaging.zip) and inspection notes are more than enough to file a freight claim and reflect the accurate condition in which the log set was received. We stand by our standard practices and reject any defamatory remarks suggesting otherwise. We have fully cooperated by producing relevant photos in abundance in a timely manner per requests.
Regarding Ms. ********* reference to insurance claims and ***** inspections, we note that freight damage claims generally require evidence of external packaging damage, which we documented according to our standard protocol. It should be noted that concealed damage is a condition that can occur when outer packaging boxes may look non-damaged but the internal product is damaged. This is common and not unusual in shipping. However, we respect Ms. ********* perspective and have fully cooperated with the BBB process to provide every requested detail. We have gone above and beyond to close this matter. It is also important to clarify that MagikFlame is not involved in nor responsible for decisions made by third-party freight insurance providers. Such issues as to whether a freight claim is paid or rejected needs to be taken up directly with the carrier as MagikFlame is in no way responsible for a 3rd party decision.
At this time, we are requesting that the BBB close this case administratively, as MagikFlame has fully complied with all requests and provided transparent documentation throughout this process. There is nothing further we can do to address this matter.
MagikFlame values transparency and ethical practices, we refute the defamatory claims, and we look forward to a conclusive and fair resolution and would like to see this case closed.
Sincerely,
MagikFlameInitial Complaint
Date:09/08/2024
Type:Service or Repair IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
I ordered a fireplace on September 5, 2024 through *******, to be fulfilled by MagikFlame. On September 6th, I received a call from MagikFlame. A woman stated that ******* failed to charge me for shipping. My receipt from ******* included shipping, as well as free returns. It cost me almost $4,000. This woman stated that I needed to pay them $500.00 more dollars for shipping. She kept trying to push me to cancel the order, of which I refused. I asked to speak to her supervisor, and she she stated "she was". I then asked to speak to the owner, of which she stated, that he would call me shortly. Soon after I got off the phone, ******* cancelled my order via email. Clearly, MagikFlame just called ******* after they got off the phone with me. I never heard from the owner.Business Response
Date: 09/10/2024
**Subject:** Response to ***************************** BBB Complaint - Order Cancellation and Refund
Dear BBB Representative,
We are writing to address the complaint submitted by ***************************** regarding her order for a fireplace placed through ******* on September 5, 2024, to be fulfilled by MagikFlame. We appreciate the opportunity to provide clarity on this matter.
On September 6, 2024, at 7:12 pm, our representative ***** contacted ************** to notify her of a pricing error on the ******* website. The listed price did not include the necessary shipping charges. ************** was informed verbally of this issue and was asked to pay an additional $500 to cover the correct shipping cost.
Call Recording: audio recording - Sep 6 2024 - *************************.mp3
It is important to note that ************** was not charged this $500 shipping fee, or any shipping fee as she claimed. Shipping and returns are also not free as claimed. Instead, ************** refused to pay the corrected amount, which prompted the decision to cancel the order. As stated in our terms, MagikFlame reserves the right to cancel any order with a pricing error, and we are not legally obligated to fulfill an order solely because it was placed.
*****, our representative, was authorized by the owner of MagikFlame to either collect the additional shipping amount or cancel the order. Since ************** declined to pay the difference, the order was subsequently canceled by *******. ************** paid a total of $3,935.71, which included the product cost and applicable taxes, but did not include any shipping fees. The price for the product she ordered has since been corrected on ******* and is no longer listed for the $3795 she paid, as that was a pricing error.
We would also like to point out that the provided documentation ("******* Cancellation Email.pdf") confirms that ************** was informed about the order cancellation and that a refund would be issued within 10 business days. Additionally, her screenshot ("Screenshot ******* changed price the day they cancelled order.png") shows that the price was updated accordingly to reflect the correct cost, including shipping charges.
Since a full refund was processed, no financial damage was done to **************. If she still wishes to purchase the fireplace, she is welcome to reorder it at the corrected price on *******s website.
We hope this clarifies the situation and confirms that MagikFlame acted within our rights as a retailer.
Sincerely,
**************************;
MagikFlame LLCCustomer Answer
Date: 09/12/2024
Complaint: 22258489
I am rejecting this response because:Clearly, this is not a business that anyone should not buy anything from. The BBB reviews substantiate this. This company does not understand consumer laws, and must be struggling financially due to their plethora of poor reviews.
Just FYI, but You didn't call me at 7:21 pm - wherever you pulled that from. It was 11 am, or 1 pm your time. If you can't get that right, what other "facts" are you incorrectly reporting?
Allow me to highlight the laws for you:
Sequence of Events:
Order Confirmation: I received an email confirmation from ******* with an order number, indicating that the order was accepted and processed.
Cancellation Attempt by MagikFlame: The following day, I was contacted by MagikFlame, who informed me that they needed to cancel the order due to *******s pricing error. I explicitly refused to cancel the order and requested to speak with the owner of MagikFlame. I was told the owner would return my call, but I never received any further communication.
Order Cancellation by *******: Shortly after my call with MagikFlame, I received a notice from ******* indicating that my order was canceled due to a "price issue." When I contacted *******, they refused to reinstate the order, citing a terms and conditions document that I had apparently agreed to upon placing the order, by checking a box. Terms and conditions that appear to be illegal.
Unfair Terms and Conditions:
Terms and Conditions: *******s terms and conditions include a clause in Section 8 stating that ******* reserves the right to cancel an order due to a pricing issue, even if a confirmation email and order number have been provided. This clause is buried in a lengthy terms document that no reasonable consumer would read in full, raising concerns about transparency and fairness.
Legal Concerns:
Unfair and Deceptive Practices: According to the Colorado Consumer Protection Act, businesses are prohibited from engaging in unfair or deceptive practices. The practice of including crucial terms, such as the right to cancel an order due to pricing errors, in a lengthy document that most consumers do not read can be seen as deceptive. This lack of transparency can mislead consumers about their rights and the terms of their purchase.
Unconscionability: The doctrine of unconscionability in contract law, as illustrated in cases such as ******** ***************************** ************* (1965), addresses contracts that are deemed unfair or oppressive to one party. A term that allows cancellation of an order despite confirmation and acceptance could be considered unconscionable if it places an undue burden on the consumer without their clear, informed consent.
Contractual Obligations: In ****** v. Gateway, **** (2001), the court held that additional terms included after an order is placed are not enforceable unless agreed upon by both parties. The confirmation email and order number typically signify acceptance and form a binding contract, making unilateral cancellations based on subsequent, less visible terms problematic.
Consumer Expectations: The principle of good faith and fair dealing in contracts requires that parties act honestly and fairly. As established in ******* v. Charlies Chevrolet, **** (1997), once an order is confirmed, it is generally expected to be honored. The practice of canceling orders based on hidden terms undermines the fairness expected in consumer transactions.Unfair Terms: *******'s terms and conditions that allow for cancellation of orders due to pricing errors, even after a confirmation email and order number are issued, can be problematic. If these terms are buried in a lengthy document that most consumers do not read, they might be deemed unfair or deceptive under consumer protection laws.
Transparency: The principle of good faith and fair dealing requires that terms should be communicated clearly and prominently. If a companies terms and conditions are not sufficiently transparent, it may be seen as misleading consumers.
Contractual Obligation:
Order Confirmation: By providing an order confirmation and number, ******* generally creates a binding contract, signifying acceptance of the order. Canceling the order based on a pricing error after confirmation could be viewed as a breach of contract, especially if the error was not communicated prior to the confirmation.
Consumer Protection Laws:
Unfair Practices: Under consumer protection laws like the Colorado Consumer Protection Act, businesses are prohibited from engaging in deceptive or unfair practices. *******s handling of the situation, including the reliance on a hidden clause to cancel the order, might fall under unfair practices if its deemed misleading.
MagikFlame called me on September 6, 2024 right before my ******* order was cancelled. Magikflame stated that the owner would call me shortly. He never did. Right after I refused to cancel my order, ******* cancelled my order. Clearly Magikflame flame just called *******, and then right away changed the price of the product on *******'s website, clearly indicating MagikFlame's guilt in this.
Communication and Service:
Unilateral Cancellation Attempt: MagikFlames attempt to cancel the order due to *******s pricing error, despite the order being confirmed, could be seen as an attempt to evade its obligations. They should have honored the order or communicated the issue more transparently.
Failure to Follow Up: MagikFlames failure to return the call from the customer and lack of communication about the cancellation process further complicate their responsibility. Poor customer service and lack of follow-through can exacerbate the issue.
Third-Party Responsibility:
Contractual Responsibility: As the party responsible for shipping, MagikFlame is obligated to fulfill the order as agreed upon unless there is a valid reason for cancellation. Their responsibility includes managing pricing issues with ******* in a manner that does not disadvantage the consumer unduly.
Legal Considerations:Contract Breach: Both ******* and MagikFlame may be seen as at fault if the order was canceled unilaterally after confirmation, potentially breaching contract principles.
Consumer Protection: If *******'s terms and conditions are deemed unfair or deceptive, this could be a violation of consumer protection laws. MagikFlame plays a significant role due to its involvement in the cancellation process and customer communication. The situation warrants examination under both contractual and consumer protection principles.Resolution Sought:
Compensation: I seek compensation for the inconvenience and any additional costs incurred due to the cancellation.Review and Reform of Terms: I urge MagikFlame to review and reform their terms and conditions to ensure clarity, transparency, and fairness. The key terms should be prominently displayed and communicated clearly to consumers before completing a transaction.
Sincerely,
*************************Initial Complaint
Date:11/14/2022
Type:Service or Repair IssuesStatus:AnsweredMore info
Complaint statuses
- Resolved:
- The complainant verified the issue was resolved to their satisfaction.
- Unresolved:
- The business responded to the dispute but failed to make a good faith effort to resolve it.
- Answered:
- The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
- Unanswered:
- The business failed to respond to the dispute.
- Unpursuable:
- BBB is unable to locate the business.
I purchased a MagikFlame fireplace in June 2022 for $3,495.00, and it looks like a $5.00 fireplace with a fake hologram and a TV screen image with the light on the back of the display. I was concerned about some of the negative reviews when I purchased it. The sales associate convinced me their competition was trying to slander the company because their product was much better. It's TRASH! ****, fake, fake, fake... I was lied to... plain and simple! This company is a scam!Business Response
Date: 11/14/2022
We are sorry to hear that ************** is unhappy with his fireplace purchase from us. I can see from the order notes that we provided technical support on July 7th and July 10, 2022, concerning the issue that he was having. From the email correspondence and photos that were sent we can see that his glass was installed incorrectly and Technical Support was provided via email and sms. From the photo the customer attached we cannot see anything wrong with the fireplace other than it has not been optimized for best appearance and that the viewing angle is less than desirable (IE: We do not recommend standing above it, looking down on it. Best viewed when seated from several feet away). We have attached instructions for how to optimize the MagikFlame fireplace for a better appearance and we would recommend following those steps. Also because this fireplace was Ordered June 26th 2022 it is outside of our return policy of 30 days. We have also attached our return policy. We urge the customer to call in for tech support so we can provide assistance for optimizing the fireplace for a better appearance, but we do not see anything that would make us think the product is defective or not operating properly from any of the emails that we have received or the photo attached to this BBB complaint. Being as this fireplace has a full computer in it, a touch screen similar to a modern smartphone, and a full HD TV, we are not sure why the customer believes the value of this product is $5 and we urge him to call and speak with our support department so we can work with him to resolve any misunderstandings with the product.Customer Answer
Date: 11/14/2022
Complaint: 18396454
I am rejecting this response because:They keep talking about viewing angles, but who sits 5 feet directly in front of a fireplace without moving? There are several other products out there that offer a more realistic simulation. I have worked with this for several months, trying to adjust the image resolution, repositioning the glass, etc.
Youre quick to tell me the problem is on my side and I did not install the glass correctly, but it is installed exactly the way you show it in the video.
The quality is poor, and the cost is a total scam. Even when I spoke with a sales person at your company, they said the competition often posts fake reviews because the quality of your product is so much better. That is clearly not the case.
Im traveling but will reach out to technical support one more time to see if they can help me. After that, if the problem is not solved, I will continue to elevate ir warn consumers of this scam.
Sincerely,
*********************Business Response
Date: 11/15/2022
The unit is not defective from the evidence we have seen. There is nothing to repair. If the ************** refuses to work with our tech support department for troubleshooting the fireplace, there is nothing more we can do. It is outside of the 30 day return window.
Return policy: https://magikflame.com/policies/
Business Response
Date: 09/14/2024
Dear Mr. ****************** you for sharing your feedback regarding your purchase of a MagikFlame fireplace. We sincerely apologize for any disappointment you have experienced. We want to take this opportunity to address your concerns and provide clarification.
First and foremost, we want to emphasize that the MagikFlame fireplace you purchased for $3,495 is designed to provide a high-quality, realistic flame effect using advanced technology. The product includes a built-in computer, touchscreen, Bluetooth, Wi-Fi, and multiple other components that contribute to its value. Describing it as a "$5 fireplace" does not accurately reflect the significant cost of materials, technology, and craftsmanship involved in its design and manufacture.Regarding your concerns about the product being "fake" or "trash," we respectfully disagree. The MagikFlame fireplace employs a sophisticated combination of digital imagery and light projection to create a realistic flame effect using video, which has been appreciated by many customers. Based on the photo you provided ("MagikFlame 1.jpg"), it appears that the setup instructions were not correctly followed, which may have led to the unsatisfactory experience you described. Proper setup is crucial to achieving the best visual effect, and we made several attempts to contact you by phone to offer support in resolving this issue, but were unable to reach you.
We also strongly refute your characterization of our company as a "scam." This claim is factually incorrect and potentially defamatory. We delivered the product as promised, and the issues you have experienced appear to stem from an improper setup rather than any fault with the product itself. Additionally, we have policies in place for returns and refunds, which require the product to be returned to us before a refund can be issued. As we have not received the product back, we have been unable to process a refund.
We take any claims of fraud or deception very seriously, and we want to make it clear that such statements are not only damaging to our reputation but also legally actionable if they are proven to be false and harmful. As we have demonstrated, the product was delivered in good faith, and our team has made every effort to assist you with your concerns.We are still committed to resolving this matter in a way that satisfies you. If you are willing to engage further, we would be happy to provide additional support, including further troubleshooting guidance to improve the look of your fireplace, even though the return window is already closed on this order as it has been over 414 days, while returns are eligible for 30. In this case if you still have original packaging we would be willing to inspect the product for issues at our expense if sent back to us, but we can not see issues other than mis-configuration in your photos because the instructions were not followed properly RE Instruction Manual Set Flames.pdf.
Thank you for considering this response, and we hope to have the opportunity to work with you toward a satisfactory resolution.
Sincerely,
MagikFlame StaffCustomer Answer
Date: 11/22/2024
Dear Ms. ***************** am writing to formally request that Complaint ID ******** remain open, as the issues surrounding my transaction with Magik Flame, LLC remain unresolved. Their response fails to address critical legal and consumer protection concerns and does not offer an adequate or lawful resolution.
1. Unresolved Product Issues and Breach of Implied Warranty:
Magik Flames assertion that the issues I experienced are due to improper setup is demonstrably false. Their own technical support team confirmed that the fireplace was installed correctly and functioning as intended. The product, however, remains defective and falls far short of the quality and performance reasonably expected of goods at its price point.
This failure to deliver a product of merchantable quality and fitness for its intended purpose may constitute a breach of the implied warranty of merchantability under the Uniform Commercial Code (UCC), as codified in state law. Their attempt to deflect responsibility does not absolve them of their legal obligation to provide a product that meets reasonable consumer expectations.2. Fraudulent Misrepresentation During the Sales Process:
Magik Flames salesperson falsely represented that negative reviews about the product were fabricated by competitors. This false statement was material to my decision to purchase the product and constitutes fraudulent misrepresentation under consumer protection laws, including the ************************ Act (FTC Act). Misrepresentation of material facts to induce a sale is an unfair and deceptive trade practice that violates federal and state consumer protection statutes.
3. Violation of Consumer Rights to Free Expression:
Magik Flames suggestion that my honest feedback about their product may constitute defamation is legally baseless and raises serious concerns about their practices. Under the Consumer Review Fairness Act of 2016 (CRFA), I am entitled to share truthful and non-malicious opinions regarding my experience with their product. Their attempt to undermine or intimidate me as a consumer for exercising this right is inappropriate and contrary to federal law.
4. Unreasonable and Inadequate Resolution:
Magik Flames proposed resolutionthat I return the product at my expense for inspectionimposes an unreasonable burden on me, the consumer. Given the facts of this case, it is entirely appropriate and lawful to demand:
A full refund of the $3,495 purchase price.
The provision of packaging materials and prepaid shipping for the return of the defective product.
This demand aligns with the principle of equity and the companys obligation to mitigate harm to the consumer under federal and state consumer protection laws.5. Potential for Escalation:
If Magik Flame, LLC continues to refuse a lawful and reasonable resolution, I reserve the right to escalate this matter, including filing formal complaints with the ************************ (***), state consumer protection agencies, and pursuing further legal remedies. Their sales practices, misrepresentations, and unwillingness to address valid consumer complaints warrant thorough review by regulatory authorities.
Conclusion:
In light of the unresolved issues, misrepresentation during the sales process, and failure to meet their legal obligations, I respectfully request that the BBB keep this case open until an appropriate resolution is achieved. I urge Magik Flame, LLC to take responsibility for their products deficiencies and their actions.
Thank you for your commitment to ensuring accountability and fairness in this matter.
Sincerely,
***** *****
*******************
**********************Business Response
Date: 11/22/2024
Response to BBB Complaint ID ********
To Whom It May Concern,
We take this opportunity to address the false and defamatory claims made by Mr. ***** ***** regarding his purchase of a MagikFlame fireplace on June 26, 2022. Mr. ***** complaint contains numerous inaccuracies, baseless allegations, and inflammatory remarks, which we will address point by point. We will also outline the serious legal implications of his actions and make it clear that while technical support remains available to him, his malicious behavior and defamatory statements will not be tolerated.Our Stance on the Allegations
MagikFlame takes its reputation seriously. We have built our brand on quality products and ethical practices, with thousands of satisfied customers to support this. We have attorneys on retainer and will vigorously defend our reputation, seeking damages if necessary, should Mr. ***** continue to post false, defamatory, and malicious information about our company.We now address each of his claims in detail:
Claim 1: "Unresolved Product Issues and Breach of Implied Warranty"
Response:
Mr. ***** purchased the fireplace on June 26, 2022, and the product is now well outside our 30-day return policy, clearly outlined in our terms at MagikFlame Return Policy.
Our product comes with a limited warranty, which Mr. ***** could have utilized during the appropriate timeframe if a genuine defect existed. However, he failed to do so and has not provided any evidence of a manufacturing defect.
His accusation of a breach of implied warranty is legally unfounded. Our fireplaces meet all advertised standards and are delivered as described. Customers are provided with full details about the product before purchase, including its unique holographic technology and craftsmanship.
Our technical support records show no report of a verified defect or malfunction, nor any acknowledgment from our team of improper performance. His claim of merchantable quality is subjective, unsupported, and defamatory.
Claim 2: "Fraudulent Misrepresentation During the Sales Process"
Response:
Mr. ***** alleges that our sales associate falsely claimed negative reviews were fabricated by competitors. We categorically deny this. Our sales team provides honest, factual information to all customers, as documented in call logs and training materials.
The burden of proof lies on Mr. ***** to substantiate these allegations. Without evidence, his statements amount to slanderous accusations, which are defamatory under Florida law.
Florida courts recognize defamation when false statements are made to damage anothers reputation. Mr. ***** baseless claim constitutes:
False representation of fact: There is no evidence supporting his claim.
Publication to a third party: This public complaint has the potential to harm MagikFlames reputation.
Intent or negligence: His claims are reckless and made without regard for the truth.
Claim 3: "Violation of Consumer Rights to Free Expression"
Response:
Mr. ***** claims that we are undermining his right to provide feedback. While the Consumer Review Fairness Act of 2016 protects honest consumer reviews, it does not protect defamatory statements or false claims. Calling our product trash, fake, and a scam without evidence is malicious and intended to harm our business.
Under Florida Statutes Section ******, defamatory statements made publicly can lead to both civil and criminal penalties. If Mr. ***** continues this behavior, we will initiate a lawsuit seeking substantial damages, which will far exceed the refund he is demanding.
Claim 4: "Unreasonable and Inadequate Resolution"
Response:
MagikFlames policy requires that any defective product be returned at the customers expense for inspection. This policy is consistent with industry standards and clearly communicated at the time of purchase.
We have already offered technical support to Mr. ***** free of charge, yet he has failed to act reasonably or in good faith to resolve his concerns.
His demand for a full refund more than two years after purchase is unreasonable, unjustified, and inconsistent with our terms of sale.
Claim 5: "Potential for Escalation"
Response:
Mr. ***** threatens to escalate this matter to regulatory agencies. We welcome any such action, as MagikFlame operates transparently and within all legal and ethical guidelines.
His baseless threats of filing FTC complaints and lawsuits only further demonstrate his malicious intent. If he proceeds with this course of action, we will counter with legal claims for defamation, libel, and damages to our business reputation.
Legal Implications of Defamation Under Florida Law
Under Florida defamation laws, Mr. ***** statements are actionable, as they meet the following criteria:
False and defamatory statements: He has falsely accused MagikFlame of fraud and misrepresentation without evidence.
Harm to reputation: His public comments, including calling our product trash and a scam, have the potential to damage our reputation and deter prospective customers.
Publication to a third party: Posting to the BBB constitutes publication.
If Mr. ***** continues these actions, MagikFlame will file a defamation lawsuit seeking substantial damages, including punitive damages, as allowed under Florida law. We will also seek compensation for legal fees, lost revenue, and reputational harm.
MagikFlames ******************************* malicious actions, MagikFlame remains committed to customer satisfaction. We reiterate the following:
Technical support is still available to Mr. ***** free of charge, should he need assistance with his fireplace.
We are willing to troubleshoot and resolve legitimate concerns, provided he acts in good faith and ceases his defamatory behavior.
We stand by the quality of our product and the integrity of our business practices.
Final Warning
Mr. ***** is advised to carefully consider the legal and financial consequences of his actions. If he continues to make false public statements, we will pursue all available legal remedies. The penalties for defamation in ******* include compensatory damages, punitive damages, and the reimbursement of legal costs. The damages we seek will far exceed the value of his original purchase.This matter is now closed unless Mr. ***** chooses to engage constructively through proper channels.
Sincerely,
MagikFlame LLC
*************************
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