Terms of service
Chargeback Policy (California)
This Chargeback Policy applies to purchases made through [WEBSITE] and is incorporated into the [TERMS OF SERVICE] between you (“Customer,” “you”) and [COMPANY LEGAL NAME] (“Company,” “we,” “us”).
1. Definitions
“Chargeback” means a reversal of a card transaction initiated by your card issuer (for example, Visa, Mastercard, American Express, or Discover) under the card network rules.
“Dispute” means any complaint, inquiry, refund request, cancellation request, or claim by you relating to a charge, the Products/Services, or your account.
2. Contact Us First (Dispute Resolution Before Chargeback)
If you believe a charge is incorrect, unauthorized, or you are dissatisfied with a purchase, you agree to contact us before initiating a chargeback so we can attempt to resolve the Dispute promptly.
You can contact us at:
- Email: [SUPPORT EMAIL]
- Support portal: [SUPPORT URL]
- Mailing address: [COMPANY ADDRESS]
We will use commercially reasonable efforts to respond within [E.G., 2 BUSINESS DAYS].
This section does not limit any rights you may have under applicable law or card network rules, and it does not prevent you from filing a chargeback if you choose to do so.
3. When a Chargeback May Be Appropriate
A chargeback may be appropriate in situations such as: (a) an unauthorized transaction; (b) a duplicate charge; (c) a charge for an order you did not receive (when applicable); or (d) other circumstances recognized by your card issuer’s dispute process and applicable card network rules.
4. Information We May Request and Provide
To help resolve a Dispute or respond to a chargeback, we may request reasonable information from you (for example, order number, screenshots, billing descriptors, and correspondence). If a chargeback is filed, you authorize us to provide your card issuer, payment processor, and the relevant card network with information reasonably necessary to respond, which may include: (a) order details and transaction metadata (including date, amount, and billing descriptor); (b) proof of delivery or access logs (as applicable); (c) account and authentication records (as applicable); (d) communications with you; and (e) our applicable policies (including refund/cancellation terms).
5. Refunds, Credits, and Timing
If we determine (in our reasonable discretion) that you are entitled to a refund under our posted refund policy or applicable law, we will issue the refund to the original payment method unless we are legally permitted to do otherwise.
Processing times vary by payment method and financial institution; refunds typically post within [E.G., 5–10 BUSINESS DAYS] after approval.
6. Chargebacks and Account Restrictions (Permitted Actions)
If a chargeback is initiated for a transaction, we may take reasonable steps to reduce fraud and misuse risk, including: (a) temporarily restricting access to the account associated with the disputed transaction while we investigate; (b) suspending fulfillment of any related orders or services; and/or (c) requiring additional verification for future purchases.
We will not restrict your account in retaliation for good-faith disputes; any restrictions will be based on risk, security, or nonpayment concerns.
7. Unpaid Balances and Collections (If Allowed by Law)
If a chargeback results in a reversal of funds for Products/Services that were delivered or used, your account may show an outstanding balance. You agree to pay any valid, undisputed amounts owed to us.
If the balance remains unpaid after we provide notice and a reasonable opportunity to resolve the matter, we may pursue lawful collection options. Any collection activity will comply with applicable law, including the Fair Debt Collection Practices Act (FDCPA) (if applicable) and California’s Rosenthal Fair Debt Collection Practices Act, and we will not make misleading threats regarding credit reporting or law enforcement.
8. Fraud, Misuse, and Prohibited Chargebacks
You agree not to: (a) initiate a chargeback for a transaction you knowingly authorized and received the benefit of, while simultaneously refusing to participate in our reasonable dispute-resolution process; or (b) initiate a chargeback after receiving a refund for the same transaction.
We may treat chargebacks as potential misuse when there is credible evidence of fraud or policy abuse (for example, repeated chargebacks inconsistent with purchase and usage history). In those cases, we may deny future purchases, close accounts, or take other lawful steps to protect our platform.
9. Digital Goods / Subscriptions (If Applicable)
If you purchase digital content, online services, or a subscription through the Site: (a) access and usage logs may be used to verify delivery and use; and (b) cancellation and refund eligibility are governed by our posted subscription and refund terms, in addition to any nonwaivable rights under California law.
10. Changes to This Policy
We may update this Chargeback Policy from time to time. The “Last updated” date at the top of the policy will reflect the effective date of changes. Changes will apply prospectively to the extent required by law.
11. California Notices
California consumers may have rights under applicable law that cannot be waived by contract. Nothing in this Chargeback Policy limits any nonwaivable rights you may have under California law or applicable card network rules.
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