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returned item new one not sent

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Bo Wodds

Member
Hi, Thanks for the help,

I bought a Vinyl cutter $300.00 and it shipped to Arizona. The cutter had a bad USB port so I had permission to return the item for a replacement. It has been two weeks now and they keep giving me the run around that they don't have one to send. On their website they have cutters in stock. They have a 0 refund policy so I told them I was going to open a dispute with my bank. They gave me no response to this question. So they have not responded to the dispute and there are only a few days left and the bank will force a charge back. They have my cutter and my money so my concern is if I get the money back can they or do companies sue for charge backs? I want a win win situation but as of now they have my money and the product Thanks Beau
 


Zigner

Senior Member, Non-Attorney
Hi, Thanks for the help,

I bought a Vinyl cutter $300.00 and it shipped to Arizona. The cutter had a bad USB port so I had permission to return the item for a replacement. It has been two weeks now and they keep giving me the run around that they don't have one to send. On their website they have cutters in stock. They have a 0 refund policy so I told them I was going to open a dispute with my bank. They gave me no response to this question. So they have not responded to the dispute and there are only a few days left and the bank will force a charge back. They have my cutter and my money so my concern is if I get the money back can they or do companies sue for charge backs? I want a win win situation but as of now they have my money and the product Thanks Beau
Their "policy" of no-refunds (I'm assuming that's what you meant) is irrelevant because they accepted the return for a replacement. Since they have not shipped the replacement, then they would be unlikely to sue if you prevail in the dispute, and even less likely to be successful in such a suit.
 

Bo Wodds

Member
Their "policy" of no-refunds (I'm assuming that's what you meant) is irrelevant because they accepted the return for a replacement. Since they have not shipped the replacement, then they would be unlikely to sue if you prevail in the dispute, and even less likely to be successful in such a suit.
Thank You so much!!!
 

quincy

Senior Member
Do you know if the company received the returned item yet?

I agree with Zigner that it does not appear that the company has good reason to sue over a chargeback based on what you describe. It would cost the company more in the long run to do so anyway.
 

Bo Wodds

Member
Do you know if the company received the returned item yet?

I agree with Zigner that it does not appear that the company has good reason to sue over a chargeback based on what you describe. It would cost the company more in the long run to do so anyway.
Thanks yes they have the returned item I have fed x tracking. It's been there two weeks now. They keep saying they will replace it but never do.
 

quincy

Senior Member
Thanks yes they have the returned item I have fed x tracking. It's been there two weeks now. They keep saying they will replace it but never do.
Two weeks is not a lot of time for receiving a returned item, replacing the item, and re-sending the replacement, but you can do a chargeback. You currently do not have either the product or the money you spent on the product. The company has both.

Good luck.
 

zddoodah

Active Member
they keep giving me the run around that they don't have one to send. On their website they have cutters in stock.
Have you asked an actual human being to explain the discrepancy between these two things? I recently bought a new computer at a chain. I first went into Store A and was told they didn't have the particular computer I wanted in stock, but Store B had 4. I went to Store B the next day and was told that they had none in stock but that Store A had 3. The point: you shouldn't assume that online inventory information is accurate.

They have my cutter and my money so my concern is if I get the money back can they or do companies sue for charge backs?
"Do companies sue"? I'm quite confident in the following:

1. NO company ALWAYS sues for charge backs.
2. Some companies have never sued for a charge back.
3. Some companies will sue for charge backs depending on a number of factors, including the dollar amount at issue.

I want a win win situation
Don't we all.

Your purchase and your rights and responsibilities in the current situation are governed by the terms of your purchase agreement (including any of the sellers "terms and conditions" that you may have agreed to without reading when you made the purchase, as well as the terms governing your debit or credit card.
 

quincy

Senior Member
... Your purchase and your rights and responsibilities in the current situation are governed by the terms of your purchase agreement (including any of the sellers "terms and conditions" that you may have agreed to without reading when you made the purchase, as well as the terms governing your debit or credit card.
The company gave Bo Wodds permission to send the defective item back. The website states that there is a “no refund” policy but the company cannot accept returns and then refuse replacements or refunds. Well, they can. They shouldn’t.
 

Bo Wodds

Member
Have you asked an actual human being to explain the discrepancy between these two things? I recently bought a new computer at a chain. I first went into Store A and was told they didn't have the particular computer I wanted in stock, but Store B had 4. I went to Store B the next day and was told that they had none in stock but that Store A had 3. The point: you shouldn't assume that online inventory information is accurate.



"Do companies sue"? I'm quite confident in the following:

1. NO company ALWAYS sues for charge backs.
2. Some companies have never sued for a charge back.
3. Some companies will sue for charge backs depending on a number of factors, including the dollar amount at issue.



Don't we all.

Your purchase and your rights and responsibilities in the current situation are governed by the terms of your purchase agreement (including any of the sellers "terms and conditions" that you may have agreed to without reading when you made the purchase, as well as the terms governing your debit or credit card.
Thank You. They keep saying they will send a new one if it don't show up Ill let the charge back go through. I want the item but it's just not good to be without the money and the item. I have been talking with them but mostly get generic answers to my questions.
 

quincy

Senior Member
Thank You. They keep saying they will send a new one if it don't show up Ill let the charge back go through. I want the item but it's just not good to be without the money and the item. I have been talking with them but mostly get generic answers to my questions.
You could give the company another week if your bank will allow a later date for a chargeback.
 

quincy

Senior Member
Because the item you were sent was defective, the company either needs to send a replacement item or refund your money. A “no refund” policy in a purchase agreement will not apply to defective items.
 

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