Careless Ecommerce Buying? Here’s how to get the money back from the bank
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We can have a refund from the bank for credit card charges even in the case of careless purchases of products that later turned out to be non-functional, counterfeit.
It is a case less known to the general public than the – now peaceful – reimbursement we can have if our credit card is stolen and used for online purchases.
But it is also a path that the consumer can take in the first instance for free, even if more difficult than that for the classic denial of fraudulent charges (precisely those caused by the theft of the card).
In fact, we were able to obtain a refund from the bank, after about a month of waiting from the request, for the purchase of a product purchased on a Chinese site. It was a Lego and apparently the site seemed legitimate (GameYore); but upon arrival the product turned out to be not original and the parts did not even fit together well. And in short, it was impossible to assemble it: not only was the product not original (even if it presented itself as such) but it was also not working, therefore. In short, a lack of conformity that the seller refused to recognize. He stated, in the mail exchange following the purchase, that once the envelope was opened it was not possible to make a refund. Too bad that the failure was ascertainable only by opening it to try to assemble the Lego.
What did we do to get the money back
Let’s start with some common sense rules. Always pay with PayPal, which has an ad hoc dispute management tool. It tends to agree with the user, at least asking him to file a complaint with the judicial authority. However, deceptive sites do not allow you to pay with PayPal, precisely to avoid this procedure. If a site asks you to pay only by wire transfer it is almost certainly a scam. This mode makes it almost impossible to get your money back. If the payment is made by card there are possibilities of reimbursement, as seen, instead. Finally: before buying, it is always good to check on Google if there are negative reviews, which indicate the risk of scam. Unfortunately, it is a step that we have not taken in the rush to buy a product not available elsewhere and rapidly running out. These sites also play on such psychological components.
If the omelette is done, what can be done?
After the refund attempt has failed, via email, it’s time to contact the bank. You have to find – via Google – the right module, which is often not very visible. This refers to incorrect transactions or disputes with sellers and is different from that for the disclaimer of charges not made.For example, that of Intesa is here https://www.intesasanpaolo.com/content/dam/vetrina/documenti/disconoscimenti/ Modulo_disconoscimento_carte_dispute_merchant_english.pdf, that of Bnl here https://bnl.it/rsc/SupportingFiles/Modulo-opera-non-corretta.pdf. You have to fill in the form, attach the photos of the product, the screenshot of the emails with our failed attempts reimbursement and perhaps other evidence of having fallen into a scam (such as the experiences of other users, found on online forums). in fact, they are required to provide this procedure, in light of the PSD regulations ”, explains Antonino Polimeni, a lawyer specializing in e-commerce issues and a member of the 4Com trade association.
Attention: they are not required to always pay the refund
“You have to prove them right,” he says. As we did in an e-mail exchange, where the bank asked for more photos in support of the practice.If instead they steal our card and use it to make purchases, it is on the bank the burden of proving that it was our fault, that we are been careless. If the site where we bought does not ask for the one time password, the bank must reimburse by law, always. “This principle also applies to the purchases we made voluntarily, of products that later turned out to be non-compliant”, explains Polimeni. Of course: even if we put the one time password and then the product is defective – as in our case – we can be entitled to a refund, but it is not automatic; we will have to argue our reasons. The absence of double authentication (2FA, ie request for one time password) does not give the automatic right to reimbursement only in three cases according to the rules: when an ecommerce is reported by the consumer to his bank as “di confidence”; for transactions considered “low risk”; payments of less than 30 euros with a maximum cumulative expense of 100 euros or five consecutive transactions from the last payment verified with 2FA; recurring payments such as subscriptions with a fixed value. In any case of payment, a refund can be obtained if “the seller has committed a breach of contract (goods that do not comply with the order object or are counterfeit, non-delivery of the goods, sudden insolvency or bankruptcy of the seller) ”, as in our case. However, it is necessary to request a refund within 13 months of the debit.
Finally, pay attention to two cases that are unfavorable to the consumer
If the payment was made through a rechargeable credit card, there is usually a deductible to be paid by the cardholder (it is necessary to analyze the contract with your bank). difference between the price paid and the deductible The maximum amount of the deductible payable by the holder of a rechargeable credit card in the event of unauthorized debits has been reduced from 150 to 50 euros (Legislative Decree No. 218/2017). refunds are also excluded payments by debit card (ATM). We therefore pay by card, if PayPal is not available. But first check the merchant’s reputation. Prevention is better than cure.
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