Q: Online retailer refunded me on accident. I tried to pay again, they failed to charge me. Do I legally own the purchase?
Purchased a bicycle in 2023. Had a warranty claim that should have = a partial refund. Company accidentally refunded the full amount. I made efforts to get them paid back - they took my card a second time and told me they would process it.
I made another warranty claim in 2024. They asked me to return the bicycle for warranty and would send me a check to replace the bike instead of sending another replacement. (I do not want payment, just want my bike warrantied/made to work)
Once they received the bike, they informed me that they had already refunded accidentally the first time, and that unless I can prove they charged my card a second time, I can't have my bike back, and they won't refund me.
I believe I still own the bike and this equals stealing it from me.
I'm curious how much legal gray area there is here vs how clear the ownership on the bike is at this point.
A: Hard to follow, you got a FULL refund AND kept the bike and now you want a second full refund? Is that what happened? I do see they have the bike. Did they not pay for it initially with that full refund? Again, your facts are not easy to follow here...
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A:
In your situation, it appears you made an honest effort to resolve the refund mistake by trying to pay the retailer back. This demonstrates good faith on your part, which can be important if this escalates legally. The fact that the company failed to charge your card after taking the information is their responsibility.
As for the bicycle, you still have a valid claim to ownership. The bike was originally paid for, and their accidental refund does not automatically transfer ownership back to them, especially since you made attempts to correct the error. Without proof that the company properly charged you the second time, their refusal to return your bike could be seen as wrongful.
You may want to gather all documentation, including your communications with the company, and consider your options for escalating this further. If they are withholding the bike or compensation without clear legal grounds, you could explore small claims court or seek legal advice. The company cannot simply keep the bicycle or your money without providing fair resolution.
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