This sucks, but be careful that they (BJs) doesn't try to charge him again under a different "condition" for the item. I've had that happen to me when I did a charge back on something... Don't even want to get into that story. But they rebilled me based on something else. It was a huge pain in the ass.
Thanks for the warning, and I will check. However I believe it is very, very illegal to charge a credit card without the customer's permission. If this happens, well my oh my it will not be pretty
They cannot recharge the card, per Visa and MasterCard rules. That said, they can also send him to collections if he does a chargeback and you keep the item especially since you told them you planned on doing so.
"If someone sends you something you didn’t order or agree to pay for it is considered yours to keep." Your father agreed to pay for it. While they may not come after you, they can go after him if he charges it back and does not return it. He agreed to the cancellation/return policy when he purchased the item. They have a cancellation/refund policy that is compliant with the rules/regulations set forth by Visa/MC/Discover and Amex.
This. Also, the very few times I've had to do a chargeback, they've generally sent out paperwork to fill out for WHY they're doing the chargeback. This is very likely to happen (was on my Visa last time I was sent that paperwork) and he will end up needing to fill those out and if you still have the item, they may not issue the chargeback at all. You may want to have your dad call his credit card company and see if he's able to do a chargeback without returning the item at all to begin with
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No he agreed to pay for an item that was never received. He never agreed to pay for a 12 piece set. And it's not a cancellation or return, they sent the wrong thing, they f*cked up...
I have dealt with chargebacks for over 6 years at work. This is really easy for them to win. They sent an item. Yes, it was the incorrect item but their records show an item sent. Their records show you called in to advise they sent the wrong item. The records show you were advised how to return it. The records show the call tag/return label was sent to your father. Odds are very high they would win.
Now, some companies decide it isn't worth it to fight the chargeback. If they decide that then they, based on all the records, if your father does a chargeback and you do not return the item they are within their full rights to send him to collections.
And, it does have to do with the return policy. Part of that policy dictates the way to return an incorrect item. It was agreed to at the time of sale.
Sure, they sent the wrong thing. That doesn't mean you're allowed to keep it. That law does not apply to shipping errors, and it requires you to return the item if the seller is willing to pay for shipping.
The law your implying refers to companies that send unsolicited items to you in the mail, then try to bill you for it later. That's clearly not the case here, and BJ's has evidence that this is simply a shipping error.
If you keep it, expect your dad to be billed for a 12-piece set.
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"If someone sends you something you didn’t order or agree to pay for it is considered yours to keep."
Your father agreed to pay for it. While they may not come after you, they can go after him if he charges it back and does not return it. He agreed to the cancellation/return policy when he purchased the item. They have a cancellation/refund policy that is compliant with the rules/regulations set forth by Visa/MC/Discover and Amex.
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I have dealt with chargebacks for over 6 years at work. This is really easy for them to win. They sent an item. Yes, it was the incorrect item but their records show an item sent. Their records show you called in to advise they sent the wrong item. The records show you were advised how to return it. The records show the call tag/return label was sent to your father. Odds are very high they would win.
Now, some companies decide it isn't worth it to fight the chargeback. If they decide that then they, based on all the records, if your father does a chargeback and you do not return the item they are within their full rights to send him to collections.
And, it does have to do with the return policy. Part of that policy dictates the way to return an incorrect item. It was agreed to at the time of sale.
Reply
Reply
The law your implying refers to companies that send unsolicited items to you in the mail, then try to bill you for it later. That's clearly not the case here, and BJ's has evidence that this is simply a shipping error.
If you keep it, expect your dad to be billed for a 12-piece set.
Reply
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