A question about chargeback and getting a refund from a US company

ArnoldB2020

Hi
This is my first post here. I'll start with an admission: I got into the mess I'm about to describe by not being careful and doing the proper checks before buying something online. I've learned a lesson now. Anyway, this is what happened. I bought an expensive drone (over £900) that can only be got from the USA. I got it from a website called SLRHut because it looked as if it was a British company that imported stuff from the USA (and I think they deliberately make it look like that), but after I got the drone, and found it was faulty,  I discovered that they're a US company. I suddenly realised that I'm not protected by the distance selling regulations. Worse, though the few reviews I looked at before buying the drone were good, a bit of research has now turned up really terrible reviews, warning people to stay away from this company at all costs.
I don't have a credit card, but bought it with a Visa debit card. I found that with such a card, you can sometimes get a refund for faulty goods via an arrangement called 'chargeback'. As a refund is what I want, I went to my local Halifax branch, but they said that I had do go through the seller's dispute procedure first (which is understandable).
So now to the problem I'm posting about. I emailed SLRHut and they say they have prepared an 'RMA', which I've found stands for 'return merchandise authorisation' and that they want me to post the item to New Jersey, then they'll examine it, and then they themselves, apparently, will decide how to resolve the matter: the email says "Once returns are received they are checked in and inspected and we will contact you for a resolution (refund/replacement/repair)".
The problem is, if I post it to the USA (which will cost quite a bit) and they decide on something like a repair, which I don't want, I'm not sure how I stand with regard to applying for chargeback. I'd really prefer SLRHut to tell me what they are prepared to offer (provided of course that the item returns in good condition) before I decide to post it off. If I post it there, and they won't give me a refund, and I can't get anything via chargeback, I'll have wated probably two lots of expensive postage.
So, does anyone here have any ideas on the best way to proceed?

born_again

In your situation, you have 2 possible chargebacks.
Faulty goods (need to be returned) but if they say they are going to repair. You can't use it. It is up to the retailer what they want to do.
Non receipt of refund if it is returned and they do not refund. But you have to make sure that you can prove delivery. So it needs to be trackable.
No, you will not get the cost of return back via chargeback, before you ask. It is only the amount you paid for the product on the bank account.

stragglebod

Not much help for the OP I know, but for any other people tempted by sites like this ... look at the contact address - it's a mail forwarding shop. If they expanded from a retail business why don't they have a real UK address? Look at the 'company policy' - it mentions shipping to the UK. Why would a UK company need to do that? Look at the phone numbers all over the site and the way they're formatted - if they're a UK company why don't they employ anyone who's ever seen a UK phone number written out? Look at the multimedia tab - why do they use the American spelling 'home theater'? Look at the 'Other' tab - why would a UK company sell a cellphone accessory?

I'm sure there are scores more that I've missed.

davidmcn

stragglebod said:

Not much help for the OP I know, but for any other people tempted by sites like this ... look at the contact address - it's a mail forwarding shop. If they expanded from a retail business why don't they have a real UK address? Look at the 'company policy' - it mentions shipping to the UK. Why would a UK company need to do that? Look at the phone numbers all over the site and the way they're formatted - if they're a UK company why don't they employ anyone who's ever seen a UK phone number written out? Look at the multimedia tab - why do they use the American spelling 'home theater'? Look at the 'Other' tab - why would a UK company sell a cellphone accessory?

I'm sure there are scores more that I've missed.

Such as "We prepay all duties required to get the product in your hands" - why would they say that if not posting from outside the EU?

shaun_from_Africa

There is one term that should put anyone off buying from them:

RISK OF LOSS: All items purchased from SLRHut.co.uk are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

pinkshoes

The website does give the impression of a UK site and even has a London phone number and address...

It is only on reading a lot further on random tabs that they hint that things are sent from abroad. It does not even make it clear it is coming from the USA as no USA address is given.

I would speak to the card company again as you should be able to return it to a UK address, given they are clearly masquerading as a UK company. I would be pushing for a chargeback once it is returned.

I would be telling slrhut.co.uk that as they claim to be a UK company via their website, then you want a UK company to return it to.

garth549

I hate it when companies masquerade to appear like they're in the UK.  It's no different to deliberately mis-describing a product IMO. 

I tried to buy a supposedly official laptop battery recently from a 'UK' site.  When I eventually got a tracking number it was coming from Hong Kong.

Amex were very good and processed a chargeback immediately for me (even before I'd received it).  When it eventually arrived it was clearly fake as I suspected it would be and just binned it.

The point is the fact they misled you into believing they are a UK company with UK stock may be enough to get a chargeback granted.

born_again

garth549 said:

I hate it when companies masquerade to appear like they're in the UK.  It's no different to deliberately mis-describing a product IMO. 

I tried to buy a supposedly official laptop battery recently from a 'UK' site.  When I eventually got a tracking number it was coming from Hong Kong.

Amex were very good and processed a chargeback immediately for me (even before I'd received it).  When it eventually arrived it was clearly fake as I suspected it would be and just binned it.

The point is the fact they misled you into believing they are a UK company with UK stock may be enough to get a chargeback granted.

This company has been doing it for years. A lot of their products (camera's etc) used to come from Hong Kong. As such did not have UK warranties or never turned up.
Misleading you to think they are a UK company is not a chargeback right.

Hermione_Granger

born_again said:

Misleading you to think they are a UK company is not a chargeback right.

So fraud isn't a reason for a chargeback?
How about a Visa chargeback for:

Chargeback code V53. Merchandise not as described or defective: Cardholder says service/goods received were either defective, counterfeit or not as described

or a Mastercard chargeback for either:

M49.
Questionable merchant activity

M53.

Item not as described: Cardholder states the service/goods received were either defective or does not match the merchant’s description.

born_again

Fraud is a valid chargeback. But this is not fraud. That is where a unknown 3rd party has used your details.

If you read my 1st post it gives the OP the chargeback rights that are available to them.