Consumer Protection Law

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This question is in regards to merchant rights in dealing…

Customer Question
This question is in regards...
This question is in regards ***** ***** rights in dealing with an unjust charge back.I have an online store where I sell one main product and a couple accessories for that product. At the end of December, we sold out of our main product. Until the end of February, the website and product description clearly stated at the top that this item was out of stock and that all orders would be placed on back-order. It also stated that we expected to be fulfilling orders in February, which we did.
However, at the end of January, one customer complained to their bank and filed a charge back. I disputed it and stated what the product description said. I also quoted our Terms of Use policy from our website, which stated that back-orders and pre-orders are non-refundable and are not eligible for cancellations. Before checking out on our site, the customer is required to check a box agreeing that they understand and agree to these terms.In addition to all that, I had our overseas factory ship early to me one of the units from our bulk order so that I could rush it to the complaining customer.In my dispute, I provided the tracking number for the shipment of their order, which showed the item was delivered before my dispute/response was submitted.About 5 days after the customers order was delivered, the charge back and my response was reviewed by the card issuer and was decided in the buyers favor.So now the customer has the product and has been refunded the money from the transaction.What can I do to reverse the charge back or dispute/appeal the decision of the charge back? And how do I do so?Thank you.
Submitted: 4 months ago.Category: Consumer Protection Law
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Customer reply replied 4 months ago
By the way, both the customer and my business are located in California, if that helps...
Answered in 1 day by:
3/18/2018
Consumer Protection Lawyer: Wendy, Moderator replied 4 months ago
Wendy
Wendy, Moderator
Category: Consumer Protection Law
Satisfied Customers: 1
Experience: Moderator at JustAnswer
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Hello,
I'm a moderator for this website. I'm so sorry that an Expert has not connected with you yet. I wanted to reach out to see if you still needed assistance with your question? Please use the reply box below to let me know if you'd like to continue or cancel.
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Customer reply replied 4 months ago
I would like to continue. Thank you
Consumer Protection Lawyer: Infolawyer, Lawyer replied 4 months ago
Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 7,111
Experience: Licensed attorney helping individuals and businesses.
Verified
You can appeal the decision per merchant processing agreement and identify that sale occurred without problem. You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way.martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.By being prepared and pressing your claim, the other side should feel the pressure and consider the risk of losing and legal fees. That realization can help bring about a settlement!Processor won’t want to lose your account.You also could sue or arbitrate per processing agreement.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Consumer Protection Lawyer: Infolawyer, Lawyer replied 4 months ago
Awaiting your reply, thank you!
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