Expert: James Yee - 8/29/2008

Question
I purchased online at this site and bought myself a box of Siglo VI. When I opened the box and notice it was counterfeit. I E-mail them and told them I want to refund and I want to dispute charge this item. They reply and say that I need to sent back the item back to them in order to get refund. The problem is, I'm living in MALAYSIA, I cant simply ship out a counterfeit item from my country. So I explained by E-mail to them and trying to solve out. They reply and stated about VISA regulation if I want refund I need to have delivery slip to prove then only the refund can be done and accused me for wanting to have item for free. Besides that hitting me by "This would be our last conversation"? I'm so frustrated and don't know what to do. Should I have to sent back the Item (I wish I can send it back but still fear for the regulation that prohibit shipping counterfeit item) or should I sent notice of dispute charge first and explain everything in detail. Can you please advise me what to do. I just don't know where to start and win my refund.

Answer
Hi Jimmy,

It's true, many companies/businesses will require that you return the product before they give you a refund or replacement.  

It's best to contact your credit card company for official advice.  Tell them exactly what happened: You bought cigars from a company and when you received them, discovered that they are fake.  You want a refund but may have a problem shipping the cigars back to company.  Your credit card company may be able to tell you what to do or even help you automatically get your money back.

I'm not familiar with Malaysia shipping laws (I live in Canada) so I don't know how strict your country is about sending counterfeit items.  If you do ship the cigars back to the company, follow the company's instructions carefully and you shouldn't have any problems.  Also, keep a record of everything.  Keep all the emails, credit card bill, company invoice and shipping receipts because if anything goes wrong, you will have a record of it as proof and this can help you.  If your cigars are confiscated by the Malaysian post office/customs, do they send you a letter/notice of confiscation?  If yes, keep the letter as proof that you tried to send the cigars back.

In any case, it's best to call your credit card company first for official advice.

Regards,
James