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Old 04-07-2015, 12:57 PM
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g__day (Matthew)
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Join Date: Dec 2005
Location: Sydney
Posts: 2,807
If you bought it using an Australian Credit card you are protected under law in the Credit Card act - for at least three scenarios ranging from 90 - 120 days of the initial transaction:

1. Goods weren't ordered by you (identity theft)
2. Good delivered weren't those ordered (wrong shipment)
3. Good were not deemed by you fit for use (dead on arrival or damaged goods delivered)

(there is also a goods didn't arrive protection)...

Your situation sounds like the third case. The dispute process is to write to the vendor saying basically brand new good arrived damaged - and request an exchange or refund. Once they refuse this (or at the same time to speed things up) contact the Card Issuer - as say the words "I wish to repudiate the transaction and issue a chargeback because the goods have arrived damaged and not fit for use". They will send you a form to fill it - which basically is about going thru the ask the vendor for satisfaction. Once the vendor refuses you say to the Card issuer - please repudiate this payment and act on my behalf.

By Law - the card issuer must review your request within 2 days I believe and if its not frivalent act on it on your behalf. Then the issue falls between the merchant (Baader) and your Bank or Credit Card company (Visa, Mastercard, AMEX). The Bank or the Issuer should credit you card back the funds and then start a financial recovery against the Vendor. They simply take the money back from the vendor (like a bounced cheque) and any dispute is between the vendor and th elarge bank - not you.

Businesses that deal with credit cards know and accept the risk of legitimate charge-backs that the banks can issue. In Australia its written into both the Banking Act and separately into the credit card act. It's not an option it is enforced law.

This gives the consumer huge safety against fraud or faulty goods. A scratched lens or filter I wouldn't expect to sell well - so you immediately have suffered economic loss and its performance is at least affected that way.

These protection only apply to credit card (and charge card?) transactions - not cash, cheque or direct bank deposit. Even if the companies goes bust and fails to deliver the goods after taking your money - the Bank or card issuer must return your funds before any other creditor or administrator to the failed business gets paid - it's that much protection.

General just saying to an unreasonable vendor I am protected under Australian Credit Card law and unless you give me the goods as requested, fit for use and undamaged I have the legal right to instruct the bank or credit card firm to issue a charge-back on you and repudiate the payment - can change their behaviour immensely! It doesn't matter if the vendor is overseas - the key determinate of what happens next is did you buy this using an Australian credit card within the last 90 days?

http://www.nab.com.au/personal/credi...sked-questions

http://www.westpac.com.au/personal-b...g-transaction/
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