Credit Card Chargeback - Bank say supplier must agree fault, or I must evidence fault without photo

bbounce

Hello

I ordered a number of picture frames that were supposed to be this colour 6 weeks ago:

https://www.frames.co.uk/smart-search/view/5/7/inch/214500101/No%20Mount/Smooth%20White/Black/Acrylic%20Safety%20Glazing/1-2

However it appears to me that I've been sent the wrong item as what I've been sent is very clearly this colour:

https://www.frames.co.uk/smart-search/view/5/7/inch/225490000/No%20Mount/Smooth%20White/Black/Acrylic%20Safety%20Glazing/1-2

While the Ts&Cs state the usual about colours / lighting / monitors / natural variations in wood etc, I feel that what I've been sent is so clearly different to what was ordered that it is not as described.

I therefore contacted them to ask them to send the right item. The supplier started off appearing very helpful by e-mail. They stated that what they had sent was the correct thing, but at the same time offered to sent out an alternative the correct colour and said that they wouldn't require the return of the originals.

However after over a month they haven't sent the replacements (and this is quite clear as they use DPD, who send text messages about the consignment), and haven't replied to me since I queried the lack of tracking information on 18 June.

I attempted to raise a chargeback with the credit card company, however the bank say that I have to evidence that the goods aren't as described without using photographs, as Mastercard don't accept photographs as evidence because they can be manipulated. They also reviewed the e-mail chain and said that they can't progress a chargeback where the retailer says that the item was the correct item.

I presume that this is nonsense as the chargeback process is by nature there to resolve disputes, and if the supplier agreed there wouldn't be a dispute. I also don't see how they can unilaterally decide to ignore photographs, or indeed how a defect ever could be evidenced without photographs.

Suggestions as to the best way ahead? I'm happy to do a County Court application, but obviously would greatly prefer not to!

BoGoF

Retailers can and do challenge chargebacks, it's not just a case of you getting what you ask for.

As far as your complaint goes they are both described as natural wood and is going to come in slightly different shades. Did you return the ones you weren't happy with? You had 14 days from receipt to exercise your rights to return for a refund.

bbounce

BoGoF wrote: »

Retailers can and do challenge chargebacks, it's not just a case of you getting what you ask for.

As far as your complaint goes they are both described as natural wood and is going to come in slightly different shades. Did you return the ones you weren't happy with? You had 14 days from receipt to exercise your rights to return for a refund.

Tesco won't accept the cashback claim from me to go as far as pursuing it with the retailer.

They were custom made items. I contact them re the issue within 7 days of receipt per their instructions, and they told me on day 10 that replacements were being manufactured and "the frames you received you can do with as you wish".

hollydays

Have you tried telephoning them and asking why they aren’t going through with their offer?

bbounce

hollydays wrote: »

Have you tried telephoning them and asking why they aren’t going through with their offer?

Hello

This has been going on for over a month - we've passed the point where I'm hoping they'll suddenly decide to start being reasonable.

the_lunatic_is_in_my_head

bbounce wrote: »

I attempted to raise a chargeback with the credit card company, however the bank say that I have to evidence that the goods aren't as described without using photographs

Have you asked your bank how they propose you do this? If they won't provide you with a satisfactory response ask for their complains procedure so you can begin the process to escalate your complaint to the regulator.

the_lunatic_is_in_my_head

Just to add to this I would order a £2 sample of natural wood pine (with a different email to another address).

If the sample doesn't match the frame it would give you enough evidence to consider small claims.

stragglebod

To me it looks like it's just one set of images on the site with the colours photoshopped, if so it's no surprise the actual products look different.

DoaM

stragglebod wrote: »

To me it looks like it's just one set of images on the site with the colours photoshopped, if so it's no surprise the actual products look different.

Does the website also show a caveat that images are for illustrative purposes only?

hollydays

bbounce wrote: »

Hello

This has been going on for over a month - we've passed the point where I'm hoping they'll suddenly decide to start being reasonable.

So have you spoken by phone at all?

sheramber

indeed how a defect ever could be evidenced without photographs.

Can you find someone to confirm what wood the frames are made of? Maybe a cabinet maker or someone who does wood turning. They could probably confirm the wood used.