Should I initiate a charge back?

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sjl

Apr 29, 2016
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I ordered an item on line. Their web site notes that you can cancel the order within 12 hours for a full refund. I did decide to cancel the order just a couple of hours after I placed it - well within the 12 hour timeline. I emailed asking for my order to be cancelled and requested a refund. They responded back with a standard email reply and said if that didn't resolve my issue to email them again. I did - I again requested my order be cancelled and my credit card refunded. The reply I got back this time was literally "Hey - why do you want a refund?" I referenced my previous correspondence about cancelling the order and issuing a refund. For 3 days, I did not get a reply. Then today I get an email confirming that the item has been shipped. They are obviously not going to issue me a refund. Should I initiate a credit card charge back? With the item now on it's way to me, I didn't know if a charge back was appropriate. Thanks!
 

Patina

Verified Member
Dec 22, 2015
1,912
3,507
113
Do not initiate a charge back. Are you unable to return the item for refund? If not, has it been shipped where you can refuse delivery?
 

sjl

Apr 29, 2016
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They're telling me it may take up to 4 weeks to get the item. Then I have to turn around and send it back. Then they have to receive it and inspect it and make the determination as to whether or not to refund me for it. If approved, the refund will be made "in a certain amount of days". So this could take months and I would just as soon not wait that long. Their web site also says no refunds will be given 60 days from the date the order is placed. I just really don't trust this company which is why I cancelled the order in the first place. I thought I was ordering from a different company and only too late realized that this company was doing everything to imitate the other company. Everything is feeling really shifty to me.
 

weihlac

Verified Member
Jun 30, 2017
2,847
3,649
113
Maui Hawaii
They're telling me it may take up to 4 weeks to get the item. Then I have to turn around and send it back. Then they have to receive it and inspect it and make the determination as to whether or not to refund me for it. If approved, the refund will be made "in a certain amount of days". So this could take months and I would just as soon not wait that long. Their web site also says no refunds will be given 60 days from the date the order is placed. I just really don't trust this company which is why I cancelled the order in the first place. I thought I was ordering from a different company and only too late realized that this company was doing everything to imitate the other company. Everything is feeling really shifty to me.
This sounds like the typical Chinese website scam. The 4 weeks (may be 6-8 weeks so you are past the return window) shipping is the tip-off. When you get the item it, unfortunately, will likely be of inferior quality or nothing resembling what you ordered. You will then be told to return the item to China at your expense and then you "might" (but probably won't) get a refund. It often is not worth the cost of return shipping which can easily be $15-$20.

You can try dealing with your credit card after the item is delivered. That may or may not be successful. You do not have grounds for a chargeback now since you did order the item and it has been shipped.

The scenario you have described is common; the website will disappear and then reappear with another web address over and over. There is no way to deal with this type of order after you hit "BUY". The solution is to look at the contact address of anything on the web. Even then the websites spoof legitimate e-businesses.
Many of the "bargain" items found on websites are from China.

One way to protect yourself is to look up the identical item om Amazon where it is often LESS expensive. If you still wish to purchase the item, order it from Amazon where you have some level of customer service.
 
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sjl

Apr 29, 2016
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This one definately spoofed a legit business - even used their logo and company name and almost totally mirrored their site. I realized the difference on the web address .art instead of .org

So even though I have proof that I cancelled the order that won't help me with a charge back?
 

smd

Mar 14, 2018
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I think you can/should challenge the charge right now. You cancelled the order within the terms of the agreement. If they charged your credit card after the cancellation, it is an unauthorized charge. If they charged it when the order was placed, they owe you a refund.

The fact that they sent the merchandise after the contract was cancelled doesn't create any obligations for you to pay for it, wait for arrival to be eligible for refund, or pay to return it.
 

sjl

Apr 29, 2016
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That's what I was hoping to hear. I will initiate the charge back- wish me luck!
 

jsn55

Verified Member
Dec 26, 2014
9,753
10,550
113
San Francisco
I think you can/should challenge the charge right now. You cancelled the order within the terms of the agreement. If they charged your credit card after the cancellation, it is an unauthorized charge. If they charged it when the order was placed, they owe you a refund.

The fact that they sent the merchandise after the contract was cancelled doesn't create any obligations for you to pay for it, wait for arrival to be eligible for refund, or pay to return it.
Normally, I would never advise filing a credit card dispute ... but I don't see that there's anything else you can do. You've kept your emails I hope. Look at what you have, the purchase confirmation, the request to cancel ... all that. Look at it through the eyes of someone who doesn't automatically believe you ... is there proof there that you requested cancellation twice? Unless you can wait for delivery, refuse delivery, ask for a refund again ... I think a CC dispute would be a good idea. It all depends on how strong your CC is with protecting their customers.
 

sjl

Apr 29, 2016
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Yes, I do have all the emails so I have a strong paper trail. My cc is AmEx - they've been great in the past with protecting us.
 

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
23,052
23,012
113
New York
www.promalvacations.com
Done - charge back approved. I love amex!
If you just filed, you are given a provisional 45 day credit only- that doesn’t mean the chargeback is approved. Amex sends the information to the company who will respond to it and then Amex decides if the dispute is valid or not. If they find in favor of the company, they will charge you back. If they find in your favor, the credit becomes permanent.

Hopefully this will become permanent because you have the proper documentation showing their policy and the fact you canceled within 24 hours.
 
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Patina

Verified Member
Dec 22, 2015
1,912
3,507
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The one place I see there could be a problem is if you receive the goods. I don't think a credit card company can require a business to essentially give something to a customer for free. But, I have no idea on the subject, just thinking out loud.