----- Original Message -----
From: "Chris Brogden"
Subject: Re: eBay rip-off -- follow-up
> On Thu, 28 Jun 2001, William Robb wrote:
>
> > . It's as much the buyer's
> > > responsiblity as the seller's to verify that an item will
be
> > insured,
> > > since it does cost extra to insure expensive items.
> >
> > Chris, you are missing the major point here, which is, who
is
> > responsible for delivery of goods or service? If a seller
has an
> > undertaking with a buyer for goods, and the seller has been
paid
> > in full, then it is the sellers responsibility to make good
on
> > the transaction.
>
> Is that Canadian law? I haven't heard that before. What's to
stop Canada
> Post from arguing that their job was to ship the item to
Argentina, which
> they did successfully. Are they still legally responsible for
items lost
> by another country's post office? I have no idea, but it
seems unlikely.
They are responsible (legally and morally) to deliver what they
promised to deliver. The choice of shipper was the vendors,
ultimately, as was the option to insure. The vendor also deemed
it unnecessary to ensure that proof of delivery was required.
The onus is on the person delivering the product to ensure
delivery. The buyer only has to pay.
Nothing else is germaine to the discussion. Had the vendor taken
prudent steps to assure his (and the buyers) best interests,
then there would not be a problem.
I would point you to the myriad class action suits that go on
because vendors don't practice due diligence as proof of
responsibility.
> Again, I expect that this will be cleared up by the
Argentinian post
> office, who apparently received the item but didn't pass it on
to Albano.
I would hope so, although it does not absolve the vendor of
responsibility that the loss happenned outside of the vendors
country. The vendor is responsible to get the product into the
buyers hands. Until that happens, the vendor is liable.
>
> > The insurance is to protect the seller in case of loss, not
the
> > buyer.
> > No matter what happens to the goods, there is a contractual
> > obligation on the seller to ensure delivery of product to
the
> > buyer.
> > If the seller cannot do that, then he is obligated to refund
any
> > monies paid.
>
> Hmmm... never thought of it that way before, but it makes
sense. Legally,
> though, how can Albano prove that he never received the item?
That's what
> I'm trying to point out. The seller can show that the item
arrived in
> Argentina, but Albano unfortunately cannot prove that he
didn't receive
> it.
It is not Albano's responsibility to prove reciept, it is the
responsibility of the vendor to prove no receipt. The vendor
could have saved himself no small trouble by requiring a
signature upon delivery.
Obviously we trust Albano implicitly,
Why? Have you met him?
but if it were another buyer
> I can see the store needing more than their word that they
didn't receive
> an item that successfully arrived in the hands of their
country's post
> office. That's why I think it's in the hands of the
Argentinian post
> office, and their response should go a long way towards
clearing this
> up. I can see why the seller won't refund any money until
they hear back
> from the post office... that makes sense to me, and I'd do the
same.
And you would be wrong for doing it.
If
> the post office admits to having lost it in transit, then
ideally they
> should cough up the dough. Without insurance, the seller has
a definite
> moral obligation to reimburse the buyer, but I didn't know
they had a
> legal one as well. That changes a lot... are you sure about
that law?
It is called the Consumer Protection Act. All provinces in
Canada have it enacted in one for or another. I suspect most
jurisdictions that have trade and commerce going on have
something similar.
William Robb
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