Stephen Sprunk wrote:
On 28-Feb-12 14:18, Adam H. Kerman wrote:
Stephen Sprunk wrote:
On 28-Feb-12 01:37, Roland Perry wrote:
on Mon, 27 Feb 2012, Stephen Sprunk remarked:

If the card company finds in favour of the consumer, I'm sure the
merchant doesn't get paid,

The merchant was _already_ paid, so if the dispute is resolved in favor
of the consumer _and_ the merchant is liable for the fraud, the
merchant's account is charged back.

It's not always a fraud. Chargebacks can arise because an item is "lost
in the mail".

If the goods are "lost in the mail", that is not fraud (since fraud
requires intent), but it is the merchant's responsibility* to cure that
defect. If they do not, it becomes fraud. . . .

Uh, given that the merchant shipped the goods, there's no fraud here if
the merchant questions his responsibility to fulfill the order again.
That's a contract dispute.

There is no question; if the order was "FOB destination", as is the norm
for mail-order operations, and they accept payment but do not deliver
the goods to the destination as promised, that is fraud.

There is no question that you got it wrong. Not all contract disputes
rise to the level of fraud. There is no intentional deception. There
is no misrepresentation. The seller may have good reason to disbelieve
the buyer, depending on what his vendor tells him.

FOB Destination DOES NOT MEAN "placed in the buyer's hand", it means
delivered to the location specified. We're not talking about registered
mail here. If it's dropped off at the wrong address, it hasn't been
delivered. If it's stolen from the buyer's premesis, even if the
buyer didn't realize, that's the buyer's responsibility.

I don't know if the buyer's responsibility is waived if it's the
usual practice to drop off packages in an unsecured location where
theft has not been a problem in the past, and theft occurs for the
first time. If the buyer has given explicit instructions NOT to
leave the package in an insecure location, but it's stolen, that's
another matter.