QUESTION
When using your credit card to make a purchase online, and the item is delivered damaged, and then is returned, who is responsible.
Asked on Apr 22nd, 2014 on Breach of Contract - California
More details to this question:
I ordered a TV online from a company. The TV was delivered with a broken screen. I had noticed that the box was damaged on delivery. I noted it on the delivery shipping papers. I notified the company and they sent me a return authorization. The TV was returned and proof of return verified. After not receiving a refund for three weeks I notified my Credit Card company. They wrote a letter saying that they have credited my account for the amount and have given the merchant a timeline to provide them with information that would support the charge. I want to know who is responsible for this? The company I placed the order with or the shipping company? What do I do if my Credit Card company comes back and says that they have proof that the charge is valid?
1 ANSWER
It's impossible to know whether the seller or shipper is responsible unless you know how the package was damaged and what the contractual relationship is between them. However, unless the terms of shipment were different than in a run of the mill consumer purchase, you have no relationship with the shipper, and it has no duty to you. Your dealings were with the seller, and since the seller has authorized you to return it, that seems to me to be an acknowledgement that the seller will refund you the money. Whether the seller tries to get it back from the shipper is between them. If the seller refuses to refund the money by telling the credit card company that the charge is valid, you would sue the seller for a refund.
Answered on Apr 22nd, 2014 at 2:26 PM