The ToS is what binds. Good luck getting most card companies to allow you to do a chargeback these days.
I’ve been sold counterfeit or defective merchandise on eBay thrice in the last year. eBay’s guarantees are totally worthless even with evidence, and it was like pulling teeth to get my bank to do a chargeback. In one case they wouldn’t at all.
> The ToS is what binds.
I don’t know where you’re from but this isn’t the case in any normal country at all.
People always treat ToS as some god-given mandate that’s valid just because it’s written somewhere, but in reality there obviously are limits to what you can enforce.
You can’t just circumvent customer protection laws by denying them in the ToS.
Your bank sucks. The few times I've done a chargeback, it's been totally pain free. I do advise trying to get a refund informally first as that is expected by the CC networks.
ToS are rarely binding.
> The ToS is what binds.
Sure. Now provide a notarized statement showing THEY agreed to those exact terms.
Cause guess what... they cant prove shit.