Customer unhappy with order - Legal advice

[Zoon]

Just after a little advice, a customer has placed an order for an item.
On our website it shows two images, the main image as the item he ordered and a second image showing the item he ordered with an option he hasn't paid for.

I said we would collect the item and refund the order if he wasn't happy, he has said he will cancel his payment with the credit card company and keep the item until we send him the option at no cost to him.

We have never had this happen before so just wondered if anyone has experience of this.

[lizardbrain]

How much is the item?

[Monkeylegend]

Does your website make it clear that the option is an additional cost and not included in the price he paid for the item without it?

How much more is the option?

[dundarach]

Call his bluff, ask him to contact his credit card company and for them to investigate.

Remind him he has 30 days in which to reject the item 'as being not as described' and you will honor the full refund.

I expect his credit company will take longer.

I'm a consumer not a seller, however he's being unreasonable!

Update the photos.

[Zoon]

Monkeylegend said:

Does your website make it clear that the option is an additional cost and not included in the price he paid for the item without it?

How much more is the option?

It says optional, but as one of the images shows the machine with the option he says he's keeping the item until we send the option and also doing a chargeback on his credit card. Surely he has to give us the option of collecting and refunding in full?

Optional item is £85

Edited by Zoon on Monday 3rd October 10:29

[akirk]

people think that they can just charge back on a credit card - but actually the process is more detailed and the credit company will give you the option of a response...

consumer buys product for xxx and gets the xxx cost product is not a charge back situation
consumer buys product for xxx and blackmails company into supplying £85 extra option free of charge even though the website is clear on the price increase for that option - should have no chance...

there are also legal exclusions for retailers who get it wrong on their website - you do not have to honour a price even when you get it wrong - and if you have got it right then there should be no issues...

this is blackmail plain and simple.
communicate with them explaining that they chose product without option at xxx and received what they paid for
If they wish to return it and have a refund you will happily oblige
If they want the option, then they can pay the extra £85

other than that you don't see the issue as they have received what they chose and what they paid for...
If they misunderstood what you put up, that is not your issue - unless you have been deliberately misleading...

[Mr Overheads]

Don't update your website photos until this is resolved, otherwise you'll be giving the numpty more fuel to say it was obviously misleading because you've changed it now he's pointed it out.

[Zoon]

Mr Overheads said:

Don't update your website photos until this is resolved, otherwise you'll be giving the numpty more fuel to say it was obviously misleading because you've changed it now he's pointed it out.

Thanks, I've replied stating we are happy to collect and refund but will not be blackmailed with the threat of a chargeback for free goods.

[wheelerc]

Make sure you keep records of all communications. If the customer does initiate a chargeback you should get a chance to reply and if you can provide clear factual evidence to support your side you will have a better chance.

If your website isn't misleading I wouldn't make any changes until this is resolved.

If it could be misleading, maybe just send out the optional bit and update the website to make it clearer.

[Wills2]

Often websites state that "The models shown on these pages may feature optional equipment." I guess to try and counter the chancers.

[vdn]

I've experienced two chargebacks in the past. Each for a different company.

First one, the buyer blag was successful (online store purchase) claimed he never received item / even though it was sent signed for... and he got his money back. On principal I couldn't let it lie, so did some digging on him. People do not realise how easily they can be found and a profile built. I got together his hobby clubs and saw him using the item we'd sent... on the hobby / club Facebook pages. There he was with said item bold as brass. I got in touch with him and explained that we'd tracked him, seen him using the item and would be contacting the relevant authorities with the evidence and he would likely be convicted of credit card fraud, blah blah blah. Worked a treat as we had the money in the back within the hour. Nearly £500.

Second one, was a lady who did some training with us. Was on a course with one other as it's two students only. Quite intense and niche work / training. Anyway, she completes the course and with no word to us, does a chargeback. States to her card co. that the training was insufficient and that she deserves a full refund. Nearly six grand! Anyway, upon digging, we find out that she's been boasting about doing the course and it not costing a penny. The other student basically told us she had planned to do it from the beginning. We were given a right to respond and simply explained that in all the years doing the courses, it's never happened before and we have all the accreditations, blah blah. The card co. refused to refund her, and so that was that.

Stand your ground. However I'd not have an image up of something that's not included. I think you're asking for trouble.

[h0b0]

Zoon said:

Mr Overheads said:

Don't update your website photos until this is resolved, otherwise you'll be giving the numpty more fuel to say it was obviously misleading because you've changed it now he's pointed it out.

Thanks, I've replied stating we are happy to collect and refund but will not be blackmailed with the threat of a chargeback for free goods.

It may be too late now but….


I would point to the clearly labeled photograph showing product with options shown. I would offer a 10% discount, or what ever is appropriate for the upgrade as a sign of good will and future custom.

[AdamIM]

Zoon said:

Just after a little advice, a customer has placed an order for an item.
On our website it shows two images, the main image as the item he ordered and a second image showing the item he ordered with an option he hasn't paid for.

I said we would collect the item and refund the order if he wasn't happy, he has said he will cancel his payment with the credit card company and keep the item until we send him the option at no cost to him.

We have never had this happen before so just wondered if anyone has experience of this.

He will never win on a chargeback because in principle it is a 'shield not a sword'. He can't use Section 75 either because this covers breach of contract where it is clear there has been a breach or misrepresentation. In your case, worst case there is unilateral mistake on the part of the customer and determining that is beyond the ability/scope of a card issuer. To refund the car holder in full would be to enrich them so the only possible outcome would be that they advise you to refund them once the goods have been returned, which you have already offered.

Further, website prices do not have to be honoured if there happened to be a mistake (invitation to treat) and the only course of action if there is a dispute would be to unwind the transaction, which you have offered to do.

[Simpo Two]

AdamIM said:

stuff

You should volunteer for the CAB

[Golfgtimk28v]

What did the order specify, written words?

[48k]

h0b0 said:

Zoon said:

Mr Overheads said:

Don't update your website photos until this is resolved, otherwise you'll be giving the numpty more fuel to say it was obviously misleading because you've changed it now he's pointed it out.

Thanks, I've replied stating we are happy to collect and refund but will not be blackmailed with the threat of a chargeback for free goods.

It may be too late now but….


I would point to the clearly labeled photograph showing product with options shown. I would offer a 10% discount, or what ever is appropriate for the upgrade as a sign of good will and future custom.

Why on earth would you offer a gesture of good will to someone who is trying to blackmail you with the threat of a chargeback?

Bizarre suggestion.

[h0b0]

48k said:

h0b0 said:

Zoon said:

Mr Overheads said:

Don't update your website photos until this is resolved, otherwise you'll be giving the numpty more fuel to say it was obviously misleading because you've changed it now he's pointed it out.

Thanks, I've replied stating we are happy to collect and refund but will not be blackmailed with the threat of a chargeback for free goods.

It may be too late now but….


I would point to the clearly labeled photograph showing product with options shown. I would offer a 10% discount, or what ever is appropriate for the upgrade as a sign of good will and future custom.

Why on earth would you offer a gesture of good will to someone who is trying to blackmail you with the threat of a chargeback?

Bizarre suggestion.

Experience…

I’d like to see the OPs picture making it clear the option wasn’t included. If there is any ambiguity, then that would be a good reason not to fight a battle where there are no winners.

In my suggestion, you make money on the discounted upgrade if he settles and potentially avoid negative reviews. Alternatively, You demonstrate to small claims you did everything you could to resolve amicably.


Running a business and being always right do not go hand in hand. Trying to win every argument is a fruitless task and my suggestion has the added benefit of making more money out of being the bigger man.

But hey… what do I know. Go in guns blazing and lose the money and post on Pistonheads about unreasonable people costing you business.