The Chargeback Process
Following an online order paid by credit card on the website of a company based in another EU-Member State than your own, Iceland or Norway, your order was never delivered despite your reminders. What solutions are available to you?
Update : Oct 2019
The so-called "chargeback" procedure allows a consumer to withdraw a payment order and be refunded directly by the issuer of the bankcard (i.e. VISA, MASTERCARD…) for example in the following cases and under certain conditions:
- card theft;
- card piracy;
- fraud (be aware, however, that in practice, it can be difficult to formally prove the fraud to your card issuer or bank);
- bankruptcy of the company (however, there is no legal right and there is a risk that the insolvency administrator will reclaim the money).
- or even non-delivery by the professional;
You can initiate a "chargeback" process with your credit card issuer or your bank, IF you have paid your order by credit card. There are deadlines to consider.
Practical tips and chargeback process
First try to find a solution with the trader directly, if possible in writing.
If the trader does not respond, refuses to reimburse you or to proceed with the delivery, or if the trader goes bankrupt, send a dispute to the credit card issuer and/or your bank.
If your credit card issuer or bank refuses to reimburse you, contact their bank arbitration.
Pay by credit card whenever possible. Indeed, bank transfers are irrevocable, i. e. in principle, it is not possible to reverse a transfer order.
Beware: no chargeback in case of negligence
In the event of fraudulent operations carried out as a result of the loss or theft of your credit card, your bank must reimburse you for the amounts stolen, except in the case of negligence. The bank will then have to prove that you have been negligent in protecting your card's PIN.
The same applies if you waited too long before informing your bank, your bank may claim negligence on your part and not reimburse you for any costs incurred. You have up to a maximum of 13 months to have the fraud detected. Beyond this period, no refund can be made by your bank.
If no negligence on your part is proven by the bank, there are two situations:
- If the code of your card has not been used to carry out the fraud, you will be fully refunded free of charge at your expense;
- If the code of your card has been used, you will not be refunded if the amount is less than 50€. This is a new rule introduced by Article 2 of the Payment Services Ordinance of 9 August 2017, which has entered in force since 13 January 2018. The amount was previously 150€.