Visa Chargeback

dan_l

Hi,

I bought an outdoor furniture set 2 weeks ago today and it was delivered on the following Monday. The intention was to put it out for a few weeks and then put it away for winter but because of the bas weather recently we haven't been able to put it out and we've now decided we may as well not bother this year now and leave it boxed up until next year.

The set was bought from a furniture warehouse where we viewed the display set and the arranged a brand new/boxed version (not the display set) to be deliverd on the following Monday.

We have just opened the set because we thought we had better check if there are any problems with it because if there are and we wait until next year it's going to be a lot harder to get them rectified because we would of had the set for over 6 months.

It appears this has either been a display model somewhere or a return because there are some scuffs on the chairs and a chip on the table, we haven't opened it all yet because once we saw these defects regardless of the condition of the rest of the stuff we wouldn't be happy keeping it.

I've spoken to the company and I have got the impresseion a refund or exchange may not be as straight forward as I had hoped - they said they are going to come back to me which is fine but because it has already been almost 2 weeks I just wanted some advice on where I would stand if I had to go down the road of contacting my card provider and requesting a section 75 chargeback if the company won't refund or exchange?


Thanks,
Dan

Hintza

I doubt a charge back will work either, the set should have been inspected straight away.

(And I know that we all do exactly the same )

arcon5

A chargeback and section 75 are different thigs by the way.

Section 75 is for goods oer £100 where paid with a credit card or by some form of credit agreement. It's a legal requirement.

Chargeback is on a few debit cards suchas visa, maestro and not a legal requirement and usually for goods not received. It can be difficult to file a chargeback in some instances.

dan_l

Hi,

Thanks for the replies. I paid with a Visa debit card which I believe is covered under section 75 so should it be this route I go down?

Just to clarify in case it makes any difference, the goods were delivered by the company I bought them from so there is no 3rd party delivery company involved and this isn't a case of the goods being damaged in transit or anything because there is no damage to the packaging at all, it is clear the goods have been used and then re-packaged.

Thanks,
Dan

dan_l

It appears because I used a debit card the chargeback scheme is the only method available to me, is this right?

meer53

There is a chargeback right through Visa for goods which are received damaged. You will have to send the goods back to the retailer before they will action the chargeback for you. BUT if you haven't inspected the goods within the sellers T & C's the chargeback may fail.

arcon5

dan_l wrote: »

It appears because I used a debit card the chargeback scheme is the only method available to me, is this right?

Have you even read my post? Post #3

Section 75 is for goods over £100 where paid with a credit card or by some form of credit agreement. It's a legal requirement.

Did you use a credit card? Or take out a credit agreement to purchase it? No... therefore section 75 is not applicable to you. Your route would be a chargeback -- if they let you, which they may not

dan_l

Thanks for the help guys, I'll get on to Nat West - and arcon chill out a bit :beer:

arcon5

Also, before you bother trying to file a chargeback have you followed their formal complaints process?

DCFC79

You need to give the company try to sort out the refund first

dan_l

arcon5 wrote: »

Also, before you bother trying to file a chargeback have you followed their formal complaints process?

Sorry I worded that wrong I meant I'll get onto Nat West if the company aren't playing ball and refusing to refund or replace.

The company I bought it from is just a one branch shop so it's not like I can go to head office or anything if the people I am speaking to refuses then I don't think there is a head office I can try.

Regarding the inspection period, if one isn't specified which normally isn't when it's a face to face transaction how is it determined what a fair time is?

Although I wish I had checked it earlier, it is a big set so could only be checked/opened in the garden so with the weather and the fact it is dark by the time I get home in the week there was only really last weekend I had the oppurtunity to check it properly so I don't think it is too unreasonable notifiying them 12 days after delivery, what do people think?