Amex chargeback refused

You will have to provide the report if you want a refund.

Presumably Amex don't agree that it's clearly not as described. In what way was it misdescribed?

German consumer legislation will be broadly similar to ours, so I'd expect the retailer to be liable for the return postage if they're in breach of contract. But it's up to you to demonstrate that this is the case.

You don't say the price you paid or whether it was an American Express Chargecard or Credit Card.

IF it was a credit card AND the value was over £100, then you have S75 protection which makes the CC jointly liable with the retailer. In this case ultimately you can sue American Express. Demanding an expert's report is a standard response, but whether it is appropriate or not depends on the circumstances. For example, if by "not as described", the retailer said it is blue when really it is red, a print out of the order (with description) and a photo of the unit itself should be sufficient evidence. If the CC refused to entertain such a claim, ultimately you could go to court and a judge would no doubt find in your favour. Trust me, it would settle before then!

But stuff like "generally very poor quality" is rather subjective and a neutral opinion is needed.

IF you paid by a chargecard, OR the item was less than £100, then S75 doesn't apply and chargeback is your only hope. You have no direct legal right to demand a chargeback, though the FOS has said it would be unfair for banks not to use chargeback where available in appropriate cases to assist a cardholder. So in this case, you are a bit more in the hands of Amex. If you can supply solid evidence other than via an expert opinion, then I suggest you try and you can always go to the FOS if they still refuse. Else I'm afraid you're stuck.

Given the retailer has agreed to accept a return, perhaps you should just write off the postage.

camelot1971 wrote: »

You should have done your research before buying something from outside the UK. It's perfectly reasonable for the store to expect you to pay for the return - it's not faulty, you just aren't happy with it.

I think that's a bit harsh. There is a limit to how much research you can do, and if indeed the goods are not as described, then the OP shouldn't be out of pocket through the cost of the return postage. It's just the lack of a good remedy and the amounts involved make it difficult to pursue.

camelot1971 wrote: »

I don't think so - unless it's a very obscure item their are Google reviews, YouTube reviews, forums - it's so easy to find an opinion on almost anything!

If you really aren't sure about a purchase, don't buy it from an overseas seller! It's common sense. I just bought an item for my motorbike from a seller in Italy - I'm fully aware if I don't like it, it will cost me to to return it. I could have bought it from a UK seller with free returns but I knew what I wanted and the price was worth the hassle if things go wrong.

Some people just look at the lowest price and forget about service, item location etc. There are tons of posts on here where people get scammed because they looked for the cheapest price and ended up getting a fake from China (or nothing at all).

That is true. But we don't know what research the OP did into either the seller or the product. Also Germany is very different from China. I was importing stuff from China 20 years ago and lived in Taiwan for a while. I know what goes on - and that is (one of) the reasons why products locally sourced in the UK are more expensive than buying direct. By cutting out the middleman you are often cutting out QC checks, compliance checks, and consumer-friendly remedies not to mention facilitating tax dodging and leaving yourself open to fraud. CCs were never really designed as "protection" against this.

AllieKat wrote: »

Amex service sure isn't as impressive as it used to be is all I can say from my experiences.

I used Amex from the late 80s until, I suppose the early 00s. I never found it anything special. I had the platinum chargecard for most of that time. The marketing suggested some higher level of service, but in the end I found it was the same as other cards - queuing sytems on the phone, and excuses why they couldn't do whatever it was I was asking for. I had it mainly for the insurance. The currency loading meant I spent very little on it in later years.

I recently got a gold chargecard for the sign up bonus, but will cancel before the fee becomes due.