BSD Mall : to hell

[Joshua Tinnin]

On Sun 19 Mar 06 12:55, "Don Witt" <witt at cylogistics.com> wrote:
> It seems that Gilbert Fernandes is dissatisfied with the service of
> the BSDMall.  We think that the BSDMall provides a high quality
> service as we continue to receive excellent ratings from customers at
> the store.  We are very sorry that the purchase did not work for him.
> We will send another copy to Gilbert on Monday.

I am happy to hear about the Mall is still around and is trying to make 
things right. However ...

<snip>

> It should be understood that product is shipped FOB Mountain View,
> CA.  Once it has been delivered to the shipper, it is the customers
> responsibility and liability.

I don't think this is true. AFAIK, the seller is responsible for 
delivering the product to the customer, but that the transaction is not 
complete until the buyer receives the product. The shipper only bears 
liability if insurance was purchased in most cases. IANAL, but I have 
done some mail order business.

> While one may not want to hear that, 
> most companies operate that way.

Actually, most companies insure their shipments and replace lost orders, 
at least the ones I deal with. I would never deal with a company which 
refuses to replace an order lost by the shipper. If I pay for a product 
and never receive it, it is the responsibility of the seller to deal 
with the issue. The shipper is not my client, but it is the client of 
the seller, so the seller takes responsibility for the actions of their 
client. My credit card company agrees and would be more than willing to 
do a chargeback if a package I purchased is lost, and the seller 
refuses to live up to their end of the contract.

> We know that the product shipped so 
> it is either the United States Postal Service or the French Postal
> Service that has stolen or lost the package.  I would direct some of
> the energy being spent towards them.

I highly recommend you do that. That is not the buyer's responsibility.

- jt