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Liable for credit card chargeback after company messed up my order?

Question:

Hi I asked this question (#58025) but haven’t gotten a response yet, and now I have additional information/questions so I’m just asking it as a new question.

I ordered some plates and bowls from a Jewish owned supermarket company. I got sent the wrong color plates because the color I wanted was out of stock, and they didn’t send the bowls (and I wasn’t charged for the bowls). I told them to SMS me before they make any substitutions but they did not. So they delivered that along with 2 other small items (nylon gloves and wipes) which I only ordered because I was ordering the plates, and wouldn’t have ordered them otherwise. So after I told them I don’t want the plates and wanted to be refunded the shipping, they said I can’t be refunded the shipping. I could make another order with another fee and send it back with that delivery guy, or I can drive it in person and return it to the supermarket.

I ordered it to the house because I don’t want to go out unnecessarily, and I don’t want to place another order with them again because they messed up my order and several other orders in the past and I’m tired of it. I don’t think I should have to pay the original delivery fee or the return fee or have to go out in the middle of corona and wait in line at a supermarket, so I just disputed the charge with my credit card.
Now the the credit card company has refunded the full amount of the order (including the 2 items I did get correctly, even though I told them not to refund for those 2 items). Also I put it on an american card (in dollars) even though the charge was in shekels, and I don’t remember what the exchange rate was when I was charged.

So I’m wondering a few things.

1) Am I liable at all for paying the original delivery fee, even though the main reason I ordered was the plates and I told them to SMS me if they didn’t have them in stock, which they didn’t. I would have cancelled the delivery if they had told me they didn’t have the color I wanted in stock.

2. What should I do about the 2 small items that were delivered correctly, that my credit card company refunded without me asking? (assuming this is some kind of stealing though I’m not sure the law)

3. Am I allowed to keep or give away the plates (that are the wrong color) that I was refunded for by my credit card company?

Answer:

1. You have to pay, at least for part of the delivery charge. This is although you would have canceled the whole delivery had you known beforehand, nevertheless you did benefit from the delivery of the gloves and wipes.

2. The two items that wee delivered have to be paid for. Right now you received these two items and it is stealing not to pay for them.

3. The plates have to be returned to the store and can not be given away to someone else or used without the store explicit permission. You can however call the store and tell them to come get their plates, and if they tell you to just keep it then you can.

Best wishes

 

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2 Comments

  1. Forgot the mention the 2 items I got that were right were 40 shekel and the (wrong) plates were 192 shekel and the delivery fee was 30.

    1. True, but you still benefited from the delivery.

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