Consumer question. Please help!

[nmar727]

Can anyone help me? My situation is this. I ordered merchandise from a well-known internet store.(I don't want to say the name in case what they are doing is within their legal rights, but let's just say they have an "over abundance" of items on sale). They sent me via email a UPS tracking number so that I may track my order. I tracked the order all the way up until the day it was delivered. It turned out that the number they gave me was NOT mine and belonged to someone in PA.(I'm in Ohio). When I called the company about this situation, They verified that their was an error on their part, but I would have to wait an additional 4 days for them to do a "trace" on the package to see where it was and they would send me an email with the correct number to track. I waited the 4 days and got an email from them stating that the package was showing "delivered" (DUH!!!). I called the company again and was told that I would have to wait an additional 10 days to do what was now referred to as a "lost delivery trace". I demanded that my credit card be credited or send me new merchandise. I was told that they could not credit my card, but if I wanted my order re-sent I would have to place another order and pay for it and they would reimburse me when the old order was found. I don't feel as a consumer that this is right! I shouldn't have to repay for an order OR wait any longer. It has been over 3 weeks since I placed the order, but they are trying to shift the blame on me! The only resolution they gave me was that they would place a credit on my account (with them, not my card), and I would only have to pay something like $7.50 for new merchandise to be shipped to me. Is this right or even fair?? I say no! If anyone has any advise on what I should do, I would really appreciate it! I should also probably mention that every time I call, I end up waiting no less the 20 minutes to talk to a "supervisor" and that is where I get all the above "solutions".
Thanks

 

[NYClex]

The question here is to whom the shipping risk was assigned under the contract. In most sales contracts, the risk of loss is assigned to the purchasor once the item leaves the seller's store or factory. That is usually pretty unknown to most consumers, but in many cases you would not have any claims against the vendor. The only thing the vendor has to prove is that he shipped the item.

Of course, if the contract said otherwise (go and have a look at the agreement you agreed to, probably on the vendor's website somewhere where you had to click on an agreement, stating that you read it ...), then the risk is assigned to the vendor and he not only must deliver the item to you for free but also would be liable for damages resulting from the delay.

Many reputable vendors at least try to solve the problem, even if they have the right to say: this is not our problem, we shipped it.

Therefore, it depends now on your contract and on how much you want to fight this. If they offer to send a new item for free and want you to pay the extra shipping cost, it might be a good compromise. That is for you to decide.

Another way to pursue this is to initiate a chargeback with your credit card company. In this case the credit card company takes the money back from them and the vendor now has to fight to get his money. In many cases they don't think it is worth it.

The third possibility is that your loss is covered by the credit card company. In this case the credit card company will credit you the money and they will bear the cost. Sometimes they do that without making a big fuss about it once you initiate a chargeback, sometimes there are special claims forms to fill in. So I would inquire from your credit card company if there is some way they can help.

 

[nmar727]

Consumer Question

Thank you for your advice NYClex. You have been helpful. I will check into the contract suggestion. I Do have to clarify a couple of things although I'm sure your reply would still probably be the same.

#1: The company admitted that they sent the package to the wrong address. They said they were "swamped with orders at the time and a mistake was indeed made".

#2: The $7.50 "solution" they gave was a discount on the price of the item. I would still have to pay for shipping on top of that.

#3: I failed to mention before that I used a debit card not a credit card. Does the same rule apply as far as a chargeback?

Thanks