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Online refund to Paypal?

  • 29-08-2011 8:54am
    #1
    kopfan77
    Registered Users, Registered Users 2 Posts: 324 ✭✭


    Hi All,

    Just posting on behalf of my sister and Im hoping someone can help me out

    She made a purchase online with her credit card, she wasnt happy with the product and the company have offered her a refund. However instead of refunding to the credit card they seem to be insisting that she set up a paypal account and they will refund to that.

    She does not want to go this route as she doesnt want/need a paypal account...so please dont reply saying why doesnt she simply set up a paypal account. Im with her on this in that why should she have to when she doesnt need to

    Is she not entitled to simply have the amount refunded to her credit card, and if so how can she explain this to the company, i.e is there legislation she can quote etc

    Thanks in advance


Comments

  • #2
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    It's possible they don't have the facility to refund direct to the credit card.


  • #3
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    Seanbeag1 wrote: »
    It's possible they don't have the facility to refund direct to the credit card.

    I was always under the impression that if they can charge a credit card, then they have the same facility to recharge back to the credit card.

    I wouldn't settle for a refund via Paypal if the original payment was made by credit card.


  • #4
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Paulw wrote: »
    I was always under the impression that if they can charge a credit card, then they have the same facility to recharge back to the credit card.

    I wouldn't settle for a refund via Paypal if the original payment was made by credit card.

    But it most likely would come with some kind of penalty or processing charge wouldn't it? In this situation though it is like giving store credit. If there is nothing wrong with the product they are not obliged to offer a refund and so they are not obliged to return it in any particular manner. If they are offering a refund without obligation I'd take it whatever way they want to give it.


  • #5
    Marcusm
    Registered Users, Registered Users 2 Posts: 10,627 ✭✭✭✭Marcusm


    Seanbeag1 wrote: »
    But it most likely would come with some kind of penalty or processing charge wouldn't it? In this situation though it is like giving store credit. If there is nothing wrong with the product they are not obliged to offer a refund and so they are not obliged to return it in any particular manner. If they are offering a refund without obligation I'd take it whatever way they want to give it.

    Rubbish, I'm afraid. If the merchant is a legitimate member of the card system it is required to do a chargeback. This is, inter alia, because under consumer law across the EU (as enacted in Ireland), the customer has recourse to the card issuer (and through it the card system) in respect of the goods. Most likely the op's friend would be in breach of the card's ts&cs to accept a refund in another manner.

    This is leaving aside the point that paypal credit is not as flexible as a chargeback.


  • #6
    [Deleted User]
    Posts: 50,630 ✭✭✭✭ [Deleted User]


    Seanbeag1 wrote: »
    If there is nothing wrong with the product they are not obliged to offer a refund and so they are not obliged to return it in any particular manner. If they are offering a refund without obligation I'd take it whatever way they want to give it.

    Don't online purchases have a legal 7 day refund window? or is that exchange only?


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  • #7
    blueythebear
    Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    Deleted User wrote: »
    Don't online purchases have a legal 7 day refund window? or is that exchange only?

    The legislation that would appear to apply ot this scenario are EU Regulations on Distance Selling (which are the EC (Potection of Consumers in Respect of Contracts made by means of Distance Communication) Regulations 2001 and EC (Protection of Consumers in respect of contracts made by means of distance communication)(Amendment) Regulations 2005.

    To the OP, you have a right to a cooling off period in respect of goods bought over the internet (within the EU) for 7 working days after receiving them. There are a lot of details that the supplier should also haev given to you prior to entering the contract which (if the supplier did not do so at the time) could extend the cooling off period to three months.

    It seems that your sister has fallen foul of an anomaly in the legislation in relation to credit card transactions. If the goods were bought using a credit card, the payment will have been processed by the bank already so that the supplier will face a charge from the bank for reversing the transaction and giving you your refund. This is why they are looking to process it via Paypal.

    Under Regualtion 10, a credit card transaction can be set aside if there was a fraudulent transaction on the card so if you had claimed that somebody fraudulently used the card, it is the Bank who would technically process the refund for you by cancelling the transaction rather than the supplier requesting the Bank to reverse the transfer, i.e. the supplier wouldn't be charged by the Bank so there'd be no issue with Paypal.

    The Regulations are silent on the method of returning the money but I would suggest that Regulation 8 (2) is relevant is it requires that the supplier reimburse the sum paid free of charges (other than charges incurred in returning the item). If you want the money returned to your Credit Card, I would suggest referring to that Regulation 8 (2) as the supplier is just trying to avoid bank charges.


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