Merchant Tries To Forbid Chargebacks
By cwalters May 5, 2008
A reader wrote in to ask us if we’ve ever seen anything like the “Chargeback Abuse Policy” that Luxury Car Tuning in Las Vegas includes in their terms—”You agree not to file a credit card or debit card chargeback with regard to any purchase,” and if you do anyway, you have to pay any fees that normally the merchant must pay when dealing with a chargeback. The reader wants to know, “Is this allowed by any merchant agreement that you know of? Sounds pretty ridiculous to me. How likely would it be that they could get away with this?”
We’ve never seen any merchant try to interfere with consumers’ rights on this level. So why would Luxury Car Tuning resort to such a bizarre statement? It could be because they’ve been burned by chargebacks before—banks tend to err on the side of consumers when a chargeback request is made, and merchants can and do lose their ability to accept credit cards if they exceed a certain number of chargebacks.
Having said that, we can’t imagine how the company can enforce such a demand, but maybe the best thing to do is simply take your business elsewhere and avoid them altogether.
Here’s the actual text, taken from their terms and conditions page:
Chargeback Abuse Policy
Purchases will appear on your credit/debit card statement as “Tuning Concept” or “Luxury Car Tuning”. You agree not to file a credit card or debit card chargeback with regard to any purchase and instead abide by the dispute resolution procedures outlined below. In the event that you breach this agreement and file a chargeback, upon a resolution
in our favor of the chargeback by either the credit card issuing bank, the credit card processor or by VISA or MASTERCARD, you agree to reimburse us for any costs incurred in researching and responding to such chargeback, including without limitation, our actual costs paid to the credit card processor or our banks, other third parties, and the reasonable value of the time of our employees and owners spent on the matter, as determined in our discretion in good faith. You further agree that all dispute resolution procedures below will be deemed waived by you, and that these amounts will be added to the original amount of the order, and that this total amount will then be immediately due and payable. If your chargeback is upheld, you agree to pay all of the same costs, in addition to the original purchase price, but we will use the dispute resolution procedures below to confirm and collect such amounts.
In the event that a chargeback is placed or threatened on a purchase, we also reserve the right to report the incident for inclusion in chargeback abuser database(s) of our choosing and in our sole discretion. The information reported will include name, email address, order date, order amount, IP address, full address, and phone number. Being listed on such databases may make it more difficult or even impossible for you to use (any of) your credit card(s) on future purchases with us or other merchants. Chargeback abusers wishing to be removed from the database shall make payment to us for any outstanding amount owed to us + $50 for processing and handling by wire transfer or such other means as we may require.Source: consumerist.com