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It depends. There is no single settled rule that makes the seller, marketplace, AI provider, payment company, or consumer automatically pay whenever an AI shopping agent orders the wrong product. Treat two questions separately: who can process a refund now, and who ultimately bears the loss. Start with the seller’s return policy and local consumer law, then check marketplace protections and your payment method’s dispute rules.
Refund responsibility is not the same as ultimate liability
An AI agent can make a purchase through several contracts at once: you may have a sales contract with the merchant, an account relationship with a marketplace, a payment agreement with a card issuer, and a separate service relationship with the agent provider. Those relationships do not automatically produce one answer when the agent selects the wrong size, model, color, quantity, or product.
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The seller may accept a return under its policy or because consumer law requires a remedy. A marketplace may run its own claim process. A credit-card issuer may handle a qualifying billing dispute. Separately, the parties may argue about whether the order was authorized, whether the item matched the listing, and which contract allocates the loss. A refund from one route does not by itself establish who was legally responsible.
Federal Reserve Governor Christopher J. Waller described the unresolved issue in a September 28, 2026 speech: “Liability in this context comes down to a pretty simple question: Who is on the hook if an agent makes the wrong purchase?” He said existing e-commerce frameworks “could potentially be adapted for agentic commerce.” That is an indication that the allocation question remains open, not a rule that the AI company must reimburse you.
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What to do immediately after the wrong order
- Preserve the transaction record. Save the instruction you gave the agent, its product-selection steps, the final cart, checkout confirmation, listing, seller terms, receipt, delivery records, and every message with the seller or marketplace. Keep screenshots or exported logs before pages change.
- Check whether the order can be canceled. If the seller offers cancellation before shipment, use that process immediately and record the confirmation number.
- Read the policy that applied at checkout. Identify the return window, eligible conditions, return-shipping responsibility, restocking fee, exclusions, and refund timing. The policy shown when you bought the item can matter more than a general policy displayed later.
- Contact the seller in writing. Give the order number, explain precisely what was requested and what was ordered, state whether the product is unopened or defective, and ask for the remedy available under the policy or applicable law.
- Check the marketplace separately. Determine whether the listing was sold by the marketplace itself or by a third-party seller, and note the claim deadline and required evidence.
- Contact your payment issuer promptly if needed. For a U.S. credit card, ask about a billing-error dispute and follow the issuer’s written procedure. Do not wait for a marketplace deadline while assuming a card dispute is automatic.
- Escalate according to the governing jurisdiction. If the amount is significant or the seller refuses a remedy that appears legally required, use the consumer-protection agency, ombuds process, or legal advice available where the transaction is governed.
Route 1: the seller’s return or refund policy
What to verify
The seller is usually the first practical contact because it controls the order and can authorize a cancellation, exchange, return label, or refund. For U.S. online purchases, Federal Trade Commission guidance says the seller’s site should state whether a full-refund return is available. Check all of these terms:
- Whether returns are allowed for a buyer who received the wrong item, changed their mind, or ordered the wrong variant.
- The exact return deadline and whether it starts at purchase, shipment, or delivery.
- Whether the item must be unused, sealed, or accompanied by original packaging.
- Who pays return shipping and whether the seller supplies a label.
- Any restocking fee, nonrefundable shipping charge, or category exclusion.
- When the refund is issued and whether it goes to the original payment method.
When a seller may have stronger obligations
A seller’s obligations can change if the product is not as advertised, the wrong item was shipped, the seller made a representation that was false, or a consumer law in the governing jurisdiction supplies a cancellation or conformity remedy. The fact that an AI selected the wrong product does not, by itself, create an automatic statutory refund right. The result depends on the product, the listing, the seller’s representations, the transaction terms, and applicable law.
How to make the request effective
Describe the mismatch without overstating it. For example: “I instructed the agent to purchase model A, but the confirmation shows model B. The item is unopened. Please confirm whether your policy permits a return, the deadline, and whether you will provide a prepaid label.” If the seller shipped a different item from the one shown in the confirmation, say so separately; that may be a different dispute from an agent choosing the wrong listing.
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Why the marketplace’s role varies
Marketplace operators do not use one universal refund standard. Some leave returns and refunds to the buyer and seller. Others provide a claim process for issues such as an item not matching its description or never arriving. Coverage can depend on the seller’s status, the category, the delivery record, the reason selected in the claim form, and strict filing deadlines.
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- To access your card information safely, type the complete website address shown on your Gift Card (MyGift.GiftCardMall.com) directly into your browser's address bar. Don't use search engines or shortened versions of the website address, as these may lead you to fake or fraudulent sites. Do not provide any Gift Card details (example: Card Number) to someone you do not know or trust. If you believe you've reached an illegitimate website, contact cardholder service at 1-888-524-1283. Be cautious of phishing sites, there are a variety of scams in which fraudsters try to trick others into paying with gift cards.
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Questions to answer before opening a claim
- Was the seller the marketplace operator or an independent third party?
- Does the program cover an item that the buyer’s agent selected incorrectly, or only an item that was misdescribed, damaged, counterfeit, or not delivered?
- What is the claim window, and does opening a seller return affect it?
- What evidence is required: listing screenshots, photographs, tracking, correspondence, or the original authorization?
- Does accepting a partial refund or using a chargeback end marketplace coverage?
Do not describe marketplace protection as guaranteed until the specific program confirms that the facts fit its covered reasons and deadlines.
Route 3: a credit-card billing dispute
What U.S. credit-card rules can provide
FTC guidance says a consumer who receives a wrong or defective item can dispute the charge with a credit-card issuer. The Fair Credit Billing Act covers specified billing errors, including unauthorized charges and certain goods not accepted or not delivered as agreed. The FTC says a billing-error dispute generally must be sent in writing within 60 days after the first statement showing the error is sent. Contact the issuer promptly, use the address or channel it specifies for billing disputes, and retain proof of submission.
Authorization is the key factual issue
A charge you never approved is different from a purchase you authorized an agent to make, where the agent selected the wrong product. The issuer may ask what you instructed, what the agent displayed before checkout, whether you approved a spending limit or product criteria, and whether the merchant delivered what the confirmation described. Calling an agent’s mistake “unauthorized” without matching the facts can weaken the dispute.
What a card dispute does not mean
A dispute is a separate payment remedy, not a guaranteed refund and not a final ruling that the merchant or AI provider is liable. The issuer may request documents, apply temporary credits, communicate with the merchant, or reject the claim under its rules. Continue following the seller’s return instructions unless the issuer tells you otherwise.
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Debit cards and other payment methods
Do not transfer credit-card assumptions to debit cards, bank transfers, digital wallets, buy-now-pay-later services, or gift cards. FTC guidance explains that debit-card protections differ from credit-card protections. Contact the institution that processed the payment and ask which error category and deadline apply. A wallet or installment provider may have its own dispute process, but that process does not necessarily mirror the underlying card network’s rules.
Who might ultimately bear the loss?
| Party | Why it might bear some loss | Why it is not automatic |
|---|---|---|
| Consumer | The consumer authorized the purchase, the item matches the order, and the return policy excludes the reason for return. | An agent’s action may exceed clear instructions, or consumer law may provide a remedy. |
| Merchant | The merchant shipped the wrong product, misdescribed it, or accepted a return under its policy. | The merchant may have supplied exactly what the checkout record specified and may lawfully limit discretionary returns. |
| Marketplace | Its terms provide a covered claim process or it made a representation about fulfillment or protection. | Many marketplaces separate themselves from third-party sellers and limit coverage to listed circumstances. |
| Agent provider | A contract, warranty, negligence theory, or service representation may allocate responsibility to the provider. | No source establishes that an AI provider automatically owes a refund whenever its agent misunderstands an instruction. |
| Payment provider | It may reverse a qualifying transaction under card or payment-network rules. | Processing a dispute is not the same as accepting ultimate liability, and eligibility depends on the payment method and facts. |
Contracts can change this allocation. Review the agent service terms, marketplace terms, seller terms, and any spending-authorization settings that applied when the order was placed. Clauses about limits of liability, arbitration, refunds, or use of third-party services may affect a later claim, subject to mandatory consumer protections in the governing jurisdiction.
What the UK CMA guidance does—and does not—say
The UK Competition and Markets Authority published guidance on March 9, 2026 for businesses using AI agents to engage with their customers, including processing customer refunds. It states: “It does not matter whether they interact with (or get information produced by) a person or an AI agent. It’s important to remember that you are responsible for what an AI agent does in the same way you are responsible for what an employee does.”
In that guidance, “you” means the business using an agent in dealings with its customers. The statement supports holding a business accountable for its own customer-facing compliance; it is not a categorical ruling that a consumer’s personal shopping agent makes the AI provider liable for a mistaken purchase. Apply the guidance only to the business context it addresses.
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How to document what the agent was authorized to do
Capture the instruction
Keep the exact natural-language request, constraints such as brand, model, size, color, quantity, maximum price, delivery date, and any statement authorizing checkout. If the agent asked a clarification question, preserve your answer.
Capture the decision path
Save the candidate products, comparison information, selected listing, final cart, taxes, shipping, and confirmation screen. A record showing that the agent displayed one item but purchased another can be materially different from a record showing that the user approved a broad category and the agent chose one qualifying product.
Capture the response
Retain seller replies, return-label instructions, tracking, refund receipts, marketplace claim numbers, and payment-issuer correspondence. Keep originals where possible, not only cropped images. This evidence-preservation checklist is practical risk management; there is no universally adopted AI-agent evidence standard.
Common scenarios and the likely first move
The agent chose the wrong variant, but the seller shipped exactly what the order says
Ask the seller whether its ordinary change-of-mind or wrong-variant policy permits a return. Expect the answer to turn on the deadline, condition, shipping cost, and any restocking fee. Preserve the instruction if you believe the agent violated a specific constraint.
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- Double check if the URL/website is genuine before entering card details online. Do not provide any gift card details (example: claim code) to someone you do not know or trust. There are a variety of scams in which fraudsters try to trick others into paying with gift cards.
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The seller shipped a different item from the confirmation
Use the seller’s “wrong item” or “not as described” process and the marketplace claim route if applicable. Photograph the package, label, product, and serial or model markings before returning anything.
The agent placed an order you never authorized
Tell the seller and payment issuer that the transaction was not authorized, while explaining exactly what access or approval you did provide. Do not assume that an agent’s access to an account proves authorization for every purchase.
The product is defective or unsafe
Follow the defect, warranty, recall, and return procedures that apply to the product. The agent’s role may be irrelevant if the item itself fails to conform to the sale.
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Request written reasons, check whether a deadline is approaching, and compare those explanations with the governing terms and local consumer protections. For a substantial loss, obtain jurisdiction-specific legal advice rather than relying on a general statement that “the AI made the mistake.”
A practical decision framework
| Question | If yes | If no |
|---|---|---|
| Does the seller’s policy allow this return? | Follow its label, deadline, condition, and refund instructions. | Check statutory rights, misdescription, defect, and marketplace coverage. |
| Was the item sold through a marketplace with a matching protection? | File within the stated claim window and provide the required evidence. | Deal directly with the seller and payment provider. |
| Was a U.S. credit card used? | Ask the issuer promptly about a written billing-error dispute; the FTC’s general period is 60 days from the first statement showing the error. | Ask the payment institution what rules apply; do not assume credit-card protections. |
| Did the agent exceed a clear instruction or spend limit? | Preserve the instruction and agent log as evidence of the authorization boundary. | Expect the dispute to focus more heavily on the seller’s policy and the product’s conformity. |
| Is the governing jurisdiction clear? | Use that jurisdiction’s consumer and contract rules. | Identify the seller, payment, and contract terms before relying on a deadline or remedy. |
What you should not assume
- The AI provider automatically owes the purchase price.
- The seller must always refund an order that the consumer’s agent selected incorrectly.
- A marketplace’s buyer protection covers every agent mistake.
- A chargeback is guaranteed or is the same as proving legal liability.
- A purchase made through an agent is automatically an unauthorized card transaction.
- UK business guidance resolves a private consumer’s shopping-agent dispute everywhere.
Bottom line for buyers
Ask the seller first, preserve the authorization and order trail, check marketplace deadlines, and contact the payment issuer promptly when a qualifying dispute may exist. The party that processes a refund may not be the party that ultimately bears the loss. As of 2026, official commentary recognizes that agentic-commerce liability is still developing, so the decisive factors remain the transaction facts, authorization record, contract terms, payment method, and jurisdiction.
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