Claiming back on my credit card for a corner sofa

garsands

garsands

garsands

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I purchase a item lets say a corner sofa from a online retailer. I now find out that the description was not correct, size was wrong and it said it assembly was required. I get a phone call from the manufacture telling me they install it and not me and they need loads of conditions met before they will install. I can not meet the conditions.
The item has not been delivered as I have cancel the order & ask for a refund. The problem is I paid £4125 using a gift card and £500 on a credit card.
I am told the refund will be the same as the original payment £4125 gift card. I have told them there is nothing that they sell that I need other then corner sofa that is no good due to a error in there listing.
So can I claim the whole £4625 back if I put a claim in with my credit card?
I used a gift card as the item was a gift to my from my mother.
The retailer is a huge one here & in the US.
 
I'm not an expert but CC (under Section 75) will usually cover the whole transaction normally but the gift card aspect will make things complicated due to money laundering laws, etc. and that the money didn't come out of your account. (EDIT: As below this also hinges on the retailer not being willing to refund onto an appropriate funding source and in this context refunding to a gift card is appropriate).
 
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The retailer is within their rights to refund to the original payment sources.
Paying any amount of the balance on a credit card means you could claim the full amount under section 75 but the retailer hasn't broken the agreement so I doubt section 75 can be used. Offering a refund for the original payments didn't break any of the T+C's you agreed to.
 
Using your credit card for any amount of the transaction value does afford you protection but I think it's unlikely you will see that gift card converted to cash.

Most gift card and voucher t&c's are non refundable.
 
Your refund will be the same as the payment source, you'll get a gift card and the money back on your credit card.

You won't suddenly get a lump sum of £4125 in your account.
 
You’re in the US where the terms are very different so most contributors here will not be able to help you.

When I resided there for a while and had US accounts, I found that the level of consumer protection was relatively poor compared to the UK. My guess would be that you don’t have many options unless you sue. But that’s just a guess and nothing more.
 
touch said:
What does the contract say about refunds? I would be very surprised if there is no option to cancel the order and give a refund so unlikely that there is any breach of contract here.
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The breach of contract is selling me a item that was not as described.
 
garsands said:
The breach of contract is selling me a item that was not as described.
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But the contract also states what happens if you want to cancel the order. They (presumably) are following the contract by allowing you to cancel and offering a refund.
 
The mistake was made when a gift card worth 4 grand was bought without knowing 100000% that it would be spent and enjoyed happily.

You could try standing outside the shop and saying to potential customers that you'll buy a sofa for them and sell it to them at 80% of price or something, but of course that's going to look dodgy as hell. As is trying to do the same thing online.

Or you could just try and sell the sofa you've already bought on second hand but unused.
 
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