Thread: complex chargeback question

Hi,

I've had a bad experience with an online retailer and am planning to apply for a chargeback (visa credit card). I just had a questionsthat I was hoping someone could answer, but will explain what happened first:

I am from Australia and i bought this customised sports jersey from a North American website. On their site, they quote the delivery time as 4-6 weeks. (Later on they said this timeframe was for North America, but it didnt say that or give an international delivery time estimate).

So I waited 6 weeks and they said it was only ready to be sent out then (item was delayed during customisation process, but they didnt contact me or give me the option to cancel), and to expect it in 2-3 weeks. It didn't arrive after the additional 3 weeks (9 weeks total). I was then told they sent it by surface instead of air mail and give it another week, but it hadnt arrived then. After that, they said it could be "more than 6 weeks [postage time]", which would mean more than 12 weeks in total. They didn't give a specific estimate and basically said just wait.

So I have filed for a chargeback. However, if the item arrives, would it be within my rights to refuse it (it would be returned to sender) and continue with the chargeback? Or am I obligated to accept? It is customised and hence not supposed to be returned/refunded. However I was mislead with the timeframe quoted, and its not really a 'return' if I never technically received it (ie if i tell the postman that i wont take it).

Thanks in advance

I would do the chargeback and return the item. You've given them many opportunities to a) refund your money or b) ship the items. They could not deliver the items as described, so you would be eligible for a chargeback.

Hi jkennedy, thanks for your input. I think the merchant is trying to bully me into waiting for it because the item is customised. (In any case the jersey would have the name/number of an actual player so it could still be resold as 'precustomised', but that's probably beside the point). I've handed in the chargeback paperwork in - if I receive the jersey in the meantime I'll probably accept it and cancel the chargeback, but if my money is returned first, I won't accept the jersey.

Just another question, how long does the chargeback usually take to go through? I know it varies with bank/country etc, but a rough idea would be helpful.

Thanks again
z3099416

The merchant would normally have between 30-45 days from when they're notified of a chargeback being raised to dispute it.

Be careful not accepting the jersey though.
Most banks will refund you out of their own money soon after you raise the chargeback, then try and claim it back directly from the merchant.
If they refund you, but the merchant sends you your jersey, and provides proof of doing so within the 30-45 day timeframe, you could lose the dispute and your bank may re-debit your account.

A chargeback is a last resort & despite the merchant taking a long time providing you with the jersey, in the end they would have held up their end of the deal in terms of chargeback regulations, ie. they wouldn't have broken chargeback rules by providing you with the jersey late.

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