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4741 posts

Uber Geek

#268473 21-Mar-2020 13:09
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I just returned a faulty product to a retailer for a refund. 


They issued me the refund in cash, but told me I was not entitled to a refund of the credit card fee.   It seemed wrong to me so I questioned them but they were adamant. 


I thought they would have just reversed the credit card transaction. Wasn't a high value item though, but it seemed wrong in principle. 



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2152 posts

Uber Geek


  #2442950 21-Mar-2020 13:46
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They've still paid the fee and can't get it back so why should they give it back to you?


Even if they refunded back to your card it's not going to give them back their merchant fees.



Umm, the law? It's not the first time you are miles off-track on the CGA. The shop has accepted that the refund request is legitimate so I will assume for the moment that the OP has legitimately rejected the goods under s 22. Thereafter s 23(1)(a) applies. For brevity:



23 Consumers’ options of refund or replacement




Where the consumer exercises the right to reject goods, the consumer may choose to have either—


(a) a refund of any money paid or other consideration provided by the consumer in respect of the rejected goods


Note the word "any" and the fact that the section captures all consideration provided by the consumer in respect of the rejected goods. The supplier wasn't going to supply the goods via the OP's chosen method of payment unless he paid the credit card charge. This was quintessentially part of the  consideration in exchange for the supply of the goods and is, therefore, refundable. And this also aligns with the restitutionary purpose of s 23.


With all due respect, if you don't have the requisite professional knowledge or, to put it bluntly, a decent grasp of an oft-discussed legislation -- the broad outline of which most people can understand -- it's best to stay out of these exchanges especially when your responses often unfairly imply that the other party is being unreasonable when they are not.


Edit: commas.





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