12/29:( DONE DEAL )UPS Incident resolved. - Page 4

Yes, except that they handle about 10 million packages a day.


I don't understand all this, "its the sellers fault and he has to make good" People here want the items at the cheapest possible prices, the fastest possible delivery and all risk/loss to be strictly on the seller.

I'm confused - what don't you understand - exactly how long have you been here

To the OP, UPS automatically has $100 insurance included for free - and I've found them to be pretty aggressive at finding the package and not having to pay out...
Good luck!

Sorry to hear about this F. But I do want to know what's inside that box. He he he. I think UPS has a better chance of locating that package than the post office. I have a pair of Corthay shipped from Germany through the local post office. I never received them. It was insured but was never reimbursed for even half what I paid for. Bastards! Give UPS a few days. I believe they'll be able to find it. Good luck.

not talking about your particular purchase, just the general sentiment that exists here where the seller has to pretty much the deliver the package in person to be free of culpability. B&M stores will typically refund your money/send you another item, but everyone pays for that service.

Now don't become a quality complainer I once shipped a package of free stuff to someone and I paid the shipping. I guess it got lost or delayed because he complained. Can you leave negative feedback for a "seller" in the "B & S seller's experience thread" if it was a free package with shipping paid by the sender?

The trouble is that legally the onus does lie with the seller, whether it's a B&M purchase or not. Unless specified otherwise, the seller (if they are arranging the shipping) has the legal responsibility to deliver the item. One of the many lawyers here can quote the relevant laws/precedents I'm sure, but I'm pretty confident that's the legal situation.

Yes, I agree it sucks from a small hobby-seller's perspective. But I can sort of understand the logic. And that's why I ship with insurance.

I think this has come up before and it was proven incorrect. Delivery is one thing, shipping is another. But what do I know, I just know that I read things here and seen situations blow up where one party, usually the buyer, pretty much wants everything his way. That's fine and it's their right in a sense, but eventually gets "priced in" and then everyone has to pay. There is a reason why B&M clothing stores sell stuff at 200-400% mark-up, and part of that is the "shrink".

I am not lawyer but I believe that is correct. Since the seller is a merchant in this case, the risk of loss doesn't pass to the buyer until the goods are tendered.

Do you think the recipient of the above described package could have made a claim against me or perhaps sued me?

It would have been a great lawsuit. The Plaintiff could say Your Honor, I was promised this package and it never arrived. Who do you think the Judge would have ruled for?

Sure, I actually agree with you in terms of it being unfair on the seller. But hey, gotta work with the reality of the situation and it's just simpler to use insurance and avoid the fallout. But you're right, that adds to the overall cost. It typically costs me around £18-25 to ship a suit to the states, depending on the weight, and about £5-7 of that is insurance, depending on how much I need.


I would have thought if no money changed hands, no contract was entered into?

Why is it this board is crawling with legal-beagles and yet none have chimed in here yet? Surely it counts towards billable hours?

I would think it pretty common to be liable for ones promisses. When you've made the 'deal' of bestowing a good on someone, you should follow through. I would think you would have the same responsibillity towards the recipient as a seller.

Of course, in such a situation the givee would be an ass...

Edit:

That makes sense. When I pay the retail mark-up then I expect a retail experience. I can't expect the same level of service at 80% off retail.

As many have said, I think it will turn up. UPS seems to be to be lazy and disorganized. I shipped a computer a few years ago, which I paid for insurance on. It arrived crushed. Literally. They had crushed it with a forklift - it had fallen or something and been smashed. They told me this after originally telling me I had shipped it that way, but that they would investigate. However, since I had packed it myself (in styrofoam computer box setup; it was as secure as could be) they said they wouldn't honor the insurance. I incidentally had pictures from before and obtained pictures from after and they settled with me and said they were paying because they are nice, not because I had insurance. It was a huge hassle and UPS really drew it out. It was just a matter of keeping on their case and not giving up. I too prefer Fed-ex and USPS over UPS!

I'd worry about theft more with the postal service than UPS. UPS has some pretty aggressive loss prevention programs in place at their facilities.

As for lazy and disorganized, they are part of the Teamsters.