Let’s say I buy something online, from a reputable merchant, and pay with a credit card. At checkout I am presented with three shipping options: next day air, 2nd day air, and ground, with no other shipping choices or decisions to make.
I choose one of them. The shipper sends it out promptly via the appropriate UPS service, without requiring a signature. A few days later, it is marked as “delivered” in UPS’ system, but I have not received it. Either the driver mis-delivered it to the wrong address and that person just kept it, or the driver left it at my door and someone stole it, or whatever. I don’t have it and UPS has no proof I got it.
Is the shipper liable, i.e. they have to either refund my money or ship me another of the same product?
Does the situation change if they explicitly gave me an option to require a signature (at extra cost) in the shipping options, which I declined?
What if I bought something from a private individual on eBay, and payed with check, money order, or Paypal? If they sent it without requiring a signature and it never shows up despite being shown “delivered”, and I take them to small claims court because they refuse to refund my money, can they simply present the proof of shipment as evidence and avoid responsibility?
Is the situation any different if the item is damaged or stolen in transit, i.e. UPS admits it was lost/stolen and never delivered, or it arrives flattened having been run over by a truck? If the shipper never gave me the option to purchase insurance, are they liable? What if they gave me the option and I declined? Is it different for a commercial enterprise vs. a private seller? Let’s assume in all these cases that this is an expensive item well beyond whatever value UPS insures by default - a $1,000 watch or something.
I don’t know the legal answer, BUT where Paypal is involved the seller is responsible for proving the item was delivered if the customer claims they did not receive it.
I’ve had a couple customers attempt scams, but because I had a delivery confirmation# showing delivery in their zip code on such and such date I won the disputes.
I had a disclaimer up saying that for international customers I was NOT responsible for either customs charges or seizure by their countries customs, no clue if it would have held up with Paypal and I assume it would not have. Some customers would email me complaining and wanting me to pay to get their item released from customs in their country, not a chance that is an import tax charged by your country! Ditto for if the item was seized on bizarre customs rules, Italy for instance forbids the import of non-wood toys.:smack:
EDIT:When I say scam I mean like the customer telling me they got the item, ordering again and then two months later claiming non-receipt. So short story if if you go to Paypal and the seller can show a DC# saying it was delivered to you they will likely win the dispute. I think Paypal has a seller protection program that might reimburse you though. I’d email the seller and explain the situation and see what they say, often they will fine with shipping you a free replacement so ask.
It’s on the seller to deliver the item to you. I’d say they have entered into a contract with you to deliver you the item following your payment (in layman’s terms, a legal person could meat on the bones of this statement).
If they send you something using a service that doesn’t track / sign for etc and it doesn’t show up then they need to refund you and take it up with the courier to reclaim their costs (if that is possible), end of story. Saying you’ve opted out of the service is only half the story really, they have also opted out of using it and bear the risk. Using a tracked delivery service is obv the way to go for anything of value as it protects both parties.
In the rare case where they’ve sent you something signed for and it was actually signed for, but not by you, then you’ve got a bit of a problem. The seller is within their rights to tell you to do one IMHO, so you’d probably need to get involved with the courier company yourself to see what went wrong.
But this is exactly my question. Proof of delivery to my zip code is not proof I have received the package. The driver could have delivered it to the wrong address in the same zip code and the recipient could have stolen it, or someone could have stolen it after the driver simply left it at my door.
What happens if a seller ships me something valuable without requiring a signature, I never receive it, but UPS shows it as “delivered”? If I challenge the seller, they will do exactly what you say (and probably decide I am trying to run a “scam”) - provide “proof” that UPS delivered it to the zip code or whatever. But this is not proof I received it. How do you know your customers who “attempted scams” didn’t actually have this happen to them?
It used to eb that “mail order” shipments were almost always specified as “FOB”.
No matter what your friend’s friends’ sister-in-law thinks, it means “Freight on Board” (sometimes “Free”), meaning the seller’s responsibility ended when the gods were placed with a common carrier - be it a railroad, a trucking company, or the Post Office.
Once it was in the hands of the CC, the selller’s responsibility ended - after that, it was the buyer’s problem - most carriers offer insurance just for this reason.
The web has confused the matter by (usually) having the seller act also as the buyer’s agent re transportation (check one - USPS, UPS, Motor Freight) and transit insurance (check if desired). but you are dealing with two companies - the seller and the shipper.
Don’t go to paypal - they are NOT the standard of how business is done, and I have been selling on ebay since 1999 and am ready to either quit or demand personal pick up (I think they again allow that option).
And that “Bill Me Later” crap - a 20% APR credit card “free for 6 months” - actually that 20% is accruing and will become due and payable the second you are late with a payment.
The scary part is that ebay owns paypal and paypal owns “Bill Me Later” which is a BANK.
Ebay is now a bank.
I strongly recommend all surviving independnt banks to adopt massive poison pills - ebay is noted for its appetite.