Can they really have my money for free?
July 22, 2010 3:52 PM Subscribe
Is there a legal time limit after charging a person's credit card by which product MUST be shipped?
This is assuming the merchant pre-charges at the time of order, but the product will not be immediately available. If possible, links to a current reference would be helpful. I was able to find this but something with information more recent than 1992 would be preferable. I'm not sure if it matters, but the merchant is in CA.
This is assuming the merchant pre-charges at the time of order, but the product will not be immediately available. If possible, links to a current reference would be helpful. I was able to find this but something with information more recent than 1992 would be preferable. I'm not sure if it matters, but the merchant is in CA.
Not as far as I'm aware. The effective time to watch is how long your card gives you after a transaction before you lose the ability to reverse the charges. I think normally it's about 60 days.
It's quite normal for online purchasers to inform the seller of a delayed item that they will regretfully be forced to request the seller reverse the charge on X date if the item hasn't shipped by then, due to that deadline. (Where X date is, say, a week before the actual deadline for the buyer to force a reversal, so that if it's in the mail by then, you know it will arrive before the deadline, thus shielding yourself from a seller falsely misrepresenting it as in the mail until you overshoot your deadline, at which point seller laughs to the bank with no need to send item)
Some scammers operate by reassuring you with tales of delayed shipment until the deadline has passed, then dropping contact, so genuine sellers should not hold it against you if you conduct business in a reasonable manner so as to preclude this.
posted by -harlequin- at 6:16 PM on July 22, 2010
It's quite normal for online purchasers to inform the seller of a delayed item that they will regretfully be forced to request the seller reverse the charge on X date if the item hasn't shipped by then, due to that deadline. (Where X date is, say, a week before the actual deadline for the buyer to force a reversal, so that if it's in the mail by then, you know it will arrive before the deadline, thus shielding yourself from a seller falsely misrepresenting it as in the mail until you overshoot your deadline, at which point seller laughs to the bank with no need to send item)
Some scammers operate by reassuring you with tales of delayed shipment until the deadline has passed, then dropping contact, so genuine sellers should not hold it against you if you conduct business in a reasonable manner so as to preclude this.
posted by -harlequin- at 6:16 PM on July 22, 2010
I wouldn't think so since you can often preorder say, a book, on Amazon months before it's released.
posted by IndigoRain at 7:08 PM on July 22, 2010
posted by IndigoRain at 7:08 PM on July 22, 2010
I wouldn't think so since you can often preorder say, a book, on Amazon months before it's released.
Amazon doesn't charge until they actually ship the product to the customer. This is true of virtually all online retailers that take pre-orders.
posted by Lentrohamsanin at 7:19 PM on July 22, 2010 [2 favorites]
Amazon doesn't charge until they actually ship the product to the customer. This is true of virtually all online retailers that take pre-orders.
posted by Lentrohamsanin at 7:19 PM on July 22, 2010 [2 favorites]
I don't think it's a law, but my understanding, having witnessed a hardware startup run afoul of it, is that generally in merchant agreements there's a limit on how far apart charging and delivery can be, and it's pretty crappy behavior for a merchant to charge up front and procure after the fact. It offloads all the enterprise risk to the consumer, while positioning the business for all the profits.
If you've been charged and they still haven't shipped, I suggest you consider disputing payment. If your outside the dispute window, I don't think the law will give you substantial recourse. If it's later than promised, you could try breech of contract but this may be like blood from turnips.
posted by pwnguin at 7:26 PM on July 22, 2010
If you've been charged and they still haven't shipped, I suggest you consider disputing payment. If your outside the dispute window, I don't think the law will give you substantial recourse. If it's later than promised, you could try breech of contract but this may be like blood from turnips.
posted by pwnguin at 7:26 PM on July 22, 2010
If you've been charged and they still haven't shipped, I suggest you consider disputing payment.
There may be turnaround time involved. I do not know of specific laws, but I think each merchant has their own policy. I create custom work, I make it known that there is a 4-6 week turnaround time. If (due to very unusual circumstance) I am late, I stay in contact and let them know that I am late. If I am over 2 weeks late, or I miss the specific deadline that the customer and I have established, I know that if the customer would like a refund, I would absolutely give it to them.
If you think the time is unreasonable, and they have no explanation, by all means, reverse the transaction.
Lesson: only buy from reputable merchants (and small businesses).
posted by Vaike at 8:40 PM on July 22, 2010
There may be turnaround time involved. I do not know of specific laws, but I think each merchant has their own policy. I create custom work, I make it known that there is a 4-6 week turnaround time. If (due to very unusual circumstance) I am late, I stay in contact and let them know that I am late. If I am over 2 weeks late, or I miss the specific deadline that the customer and I have established, I know that if the customer would like a refund, I would absolutely give it to them.
If you think the time is unreasonable, and they have no explanation, by all means, reverse the transaction.
Lesson: only buy from reputable merchants (and small businesses).
posted by Vaike at 8:40 PM on July 22, 2010
I think this is actually a state law, or at least that's what I've been told. Now, WHICH state law comes into play depends on the website, rather than what state you happen to be in (probably).
In general, my experience has been that merchants charge only when something has shipped or is really about to (like within a day). I'd be pretty wary of anything else.
posted by peanut_mcgillicuty at 8:56 PM on July 22, 2010
In general, my experience has been that merchants charge only when something has shipped or is really about to (like within a day). I'd be pretty wary of anything else.
posted by peanut_mcgillicuty at 8:56 PM on July 22, 2010
The FTC's 30-day rule should apply for almost all merchandise purchased by mail, phone or internet. Penalties can be enforced by suing the merchant.
posted by expialidocious at 9:14 PM on July 22, 2010 [2 favorites]
posted by expialidocious at 9:14 PM on July 22, 2010 [2 favorites]
A relative of mine who sells stuff by catalog agrees with expialidocious. A company is supposed to ship after 30 days. If not, they have to give a refund.
In my example, there is a lot planning involved since the product comes from China. If they put 1000 gadgets on a container ship to the US, but 2000 people order the gadget, there is problems. Either they have to rush the other 1000 over to the states or give the money back to the customers.
posted by sideshow at 10:17 AM on August 6, 2010
In my example, there is a lot planning involved since the product comes from China. If they put 1000 gadgets on a container ship to the US, but 2000 people order the gadget, there is problems. Either they have to rush the other 1000 over to the states or give the money back to the customers.
posted by sideshow at 10:17 AM on August 6, 2010
This thread is closed to new comments.
posted by halogen at 4:07 PM on July 22, 2010