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  1. #1
    Join Date
    Apr 2010
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    1

    Default Online Retailer Wants Item Back After Transfer of Title

    My question involves a consumer law issue in the Province of Ontario:

    Hi. I recently bought an item from an online retailer that was listed as a multipack item. After the item had shipped, the retailer contacted me and indicated that the price I paid was an error on their part and that I was only going to receive one item. In their own policy, it clearly states that once the order is passed to the shipper, title is passed to the customer. Thus, I was not informed of the error until after the item was mine. I then did indeed receive the full multipack as I had ordered.
    The retailer has now contacted me again, threatening to place additional charges on my credit card which I have advised them that I do not authorize.
    My question is, Am I obligated to return anything to merchant?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Online Retailer Wants Item Back After Transfer of Title

    This is a U.S. site, so we don't answer Canadian law questions. We don't have the expertise. You could try a site like legalline.

    If Canada's laws are as protective (or more protective) than U.S. laws, and I would not be surprised if they are, you should be in good shape.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Online Retailer Wants Item Back After Transfer of Title

    I can't imagine you are under any legal obligation to return it or pay the difference, regardless of country.

    In the US if you receive merchandise in the mail that was not requested, for instance, you need not return it or pay for it.

    Regardless of country, the VISA/MC banks really set the rules, and that probably has more control here than national laws. You can be sure under credit card rules you do not have to return the product and you can't be charged. It was the merchant's mistake. It is a cost of doing business. It is not your responsibility if the merchant is incompetent.

    If they charge you without authorization, you should immediately do a chargeback against them. (Credit cards are much better for this than debit cards.) The credit card company's side with the card holder in most cases, and with an online transaction that does not have a card swipe or signature they side with the card holder almost all the time.

    No merchant likes chargebacks. When I owned an ISP, we got charged $35 for every chargeback. That really hurts when we only charged $14.95 a month for service. It was usually the spammers who would sign up, burn the account, and then do a chargeback against us on top of it. I sold that to a much larger ISP many years ago.

    I would tell that merchant that if they tried an illegal trick like that, not only will they be getting a chargeback, but you will make sure their merchant account processor knows they are engaging in fraudulent conduct and they face lossing their merchant account. Fight fire with fire.

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