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Sorry to tell you this, but the merchant is liable in this type of case, always. There are unfortunately a lot of businesses who will launder money from stolen credit cars, so it's partly a fraud prevention thing. But more, it's a cost of doing business; if consumers were hit with thousands of dollars for using a credit card - or PayPal - no one would use them. Which would put the financial services out of business, but also a lot of web companies, probably like yours.
Do you accept different shipping and billing addresses? As a customer that's pretty inconvenient, but it protects the merchant. How long did it take from when the card went thruogh to when you got notified? Is that too long to make people wait?
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