Can I File A Chargeback In This Situation?

When answering, please keep in mind that I am in the United States and that US laws apply.

I ordered some items from an online retailer (the retailer also has a physical store in another state) and was told when the items would arrive. However, the items (which are limited production) have not arrived yet, and I called to have my order cancelled. The merchant said that my order could not be cancelled. (his website says that my order is "processing")

The retailer has NOT charged my credit card yet, but he has my credit card info on file. Will I legally be able to file a chargeback and win when he does? The merchant has not come through with the merchandise. Do I have to refuse delivery?

I am not going to wait because I've read reviews on this merchant and he has a mix of good and bad reviews, with the bad reviews saying that he didn't deliver the item as promised and that he didn't actually attempt to get the items until they were sold out at the manufacturer.

I don't want to get strung along and end up being unable to get the items when they sell out.

I am not looking to defraud the merchant. I just want to stop doing business with him.

So, do I have a legitimate chargeback claim here?


The order was placed about 2-3 weeks ago. The other places that sell the items are selling them fast. I got suckered into buying from this particular merchant because of his low prices. Turns out that he needed to order the item before sending it to me, which wasn't disclosed at first on the site, but is stated on some obscure page.

Will the credit card company (Visa/Bank of America) charge me any fees to refuse to process a payment from the store?

2 Answers

  • 9 years ago
    Favourite answer

    You left out some key information - like when you placed the order.

    If it was placed this week, you will have to abide by the return policy on the website.

    If it was placed weeks ago, I think it would be legitimate to call the credit card company and ask them to not process any payment from this store.

  • 9 years ago

    First, you cannot do a charge back if the merchant has not charged your card. Until the merchant actually processes the charge, there is nothing you can do. If the charge shows up on your statement, you can then try to dispute the charge claiming you cancelled the order due to delay.

    Keep in mind that the delay needs to actually be unreasonable -- months, not just a few days. You probably should send something in writing to the merchant cancelling the order.

    Source(s): BD
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