Proper action for a stolen package from a Buy/Sell/Trade transaction

[Peter_Spaeth]

Originally Posted by notfast

I’m pretty sure it has been proven in the courts that a “basic” online sale is a destination contract by definition.

Either way, if you pull that card, legal or not....you’re not someone I want to deal with.

Actually and we have discussed this several years ago,
Uniform Commercial Code, section 2-509. Unless there is a specific provision requiring the seller to deliver at a particular location (a so-called "destination contract"), risk of loss passes to the buyer when the seller delivers to the common carrier.

https://www.net54baseball.com/showth...hlight=carrier

But that said, who cares, people should do what's right.

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[Shoeless Moe]

Originally Posted by Peter_Spaeth

Actually and we have discussed this several years ago,
Uniform Commercial Code, section 2-509. Unless there is a specific provision requiring the seller to deliver at a particular location (a so-called "destination contract"), risk of loss passes to the buyer when the seller delivers to the common carrier.

https://www.net54baseball.com/showth...hlight=carrier

But that said, who cares, people should do what's right.

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Ebay sure doesn't go by that.

[Peter_Spaeth]

Originally Posted by Shoeless Moe

Ebay sure doesn't go by that.

Correct. The Code only applies in a default situation. Parties can write their own contract.

[notfast]

Originally Posted by Peter_Spaeth

Actually and we have discussed this several years ago,
Uniform Commercial Code, section 2-509. Unless there is a specific provision requiring the seller to deliver at a particular location (a so-called "destination contract"), risk of loss passes to the buyer when the seller delivers to the common carrier.

https://www.net54baseball.com/showth...hlight=carrier

But that said, who cares, people should do what's right.

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Does UCC apply to average Joe selling online? I thought it only applied to commercial businesses...

[Seven]

Originally Posted by notfast

Does UCC apply to average Joe selling online? I thought it only applied to commercial businesses...

Could it be argued that if you sell through Goods and Services that you qualify for UCC?

[RCMcKenzie]

Best of luck on your recovery, Brian.

[Brian Van Horn]

Originally Posted by RCMcKenzie

Best of luck on your recovery, Brian.

Thank you, Rob.

[Peter_Spaeth]

This is going to Boston lol. Now it will be stuck in Jersey City.

December 26, 2020, 10:56 am
Arrived at USPS Regional Origin Facility
JERSEY CITY NJ NETWORK DISTRIBUTION CENTER
Your item arrived at our JERSEY CITY NJ NETWORK DISTRIBUTION CENTER origin facility on December 26, 2020 at 10:56 am. The item is currently in transit to the destination.

December 12, 2020
In Transit to Next Facility

December 8, 2020, 4:15 pm
Departed Post Office
FERRISBURGH, VT 05456
December 8, 2020, 2:22 pm
USPS in possession of item
FERRISBURGH, VT 05456

[Peter_Spaeth]

Originally Posted by notfast

Does UCC apply to average Joe selling online? I thought it only applied to commercial businesses...

I haven't thought about it in a long while but I believe that generally speaking, and of course individual states could modify it, it applies to all sales of goods. To be sure there are certain rules applicable to merchants.

[buymycards]

I have this package coming that contains 2 items that were won from an auction house.

Date Time Location Status
December 12, 2020 IN TRANSIT, ARRIVING LATE
December 8, 2020 16:16 LEHIGHTON,PA,18235 DEPARTED POST OFFICE
December 8, 2020 09:39 LEHIGHTON,PA,18235 USPS PICKED UP ITEM
December 8, 2020 05:22 NESQUEHONING,PA,18240 SHIPPING LABEL CREATED, USPS AWAITING ITEM

No movement since December 8th. The PO is inundated with packages and they currently have 19,000 employees who aren't working because of COVID. I think the OP needs to chill and give this a little more time.

[Aquarian Sports Cards]

Originally Posted by buymycards

I have this package coming that contains 2 items that were won from an auction house.

Date Time Location Status
December 12, 2020 IN TRANSIT, ARRIVING LATE
December 8, 2020 16:16 LEHIGHTON,PA,18235 DEPARTED POST OFFICE
December 8, 2020 09:39 LEHIGHTON,PA,18235 USPS PICKED UP ITEM
December 8, 2020 05:22 NESQUEHONING,PA,18240 SHIPPING LABEL CREATED, USPS AWAITING ITEM

No movement since December 8th. The PO is inundated with packages and they currently have 19,000 employees who aren't working because of COVID. I think the OP needs to chill and give this a little more time.

Thanks for your patience Rick. I have someone who has filed a Paypal claim against me who's on the same timeline as you.

[jayshum]

I have shipped several packages lately that have taken around 2 weeks for delivery, but so far, there haven't been any that have not been updated in more than a week which at least gave hope that they would eventually be delivered (a few are still out there so hopefully they will be as well). I appreciate the patience of the buyers with whom I have been in contact several times to let them know what the tracking is showing.

For the OP, there has been no update in a month now, and he was told by someone at the post office that the package was likely stolen along with some others. Of course, the seller was told it wasn't stolen so with everything going on with USPS right now, who knows what really happened.

As many others have said, this is what insurance is for. It protects the seller in case something happens in transit. You can get into semantics about if the the seller is responsible just for shipping or for actual delivery, but if I buy something from any company and my purchase is being shipped through the mail, if I never receive it, I will be calling them and expecting a refund as I'm sure everyone on this board would do. I don't see why the expectation would be any different when buying from a private individual unless it was specifically discussed as part of the purchase. If insurance was offered but turned down and the buyer was told they should then not expect a refund if something happened in shipping, that would clearly be different, but it doesn't sound like that is the case here.

[RL]

shipping is slow....priority package sent 120 miles away

December 26, 2020, 12:25 pm
Delivered, Front Door/Porch
FRANKLIN, MI 48025
Your item was delivered at the front door or porch at 12:25 pm on December 26, 2020 in FRANKLIN, MI 48025.
December 26, 2020, 6:41 am
Out for Delivery
FRANKLIN, MI 48025
December 26, 2020, 6:30 am
Arrived at Post Office
SOUTHFIELD, MI 48037
December 26, 2020, 4:47 am
Departed USPS Regional Facility
DETROIT MI NETWORK DISTRIBUTION CENTER
December 25, 2020, 7:23 pm
Arrived at USPS Regional Facility
DETROIT MI NETWORK DISTRIBUTION CENTER
December 3, 2020
In Transit to Next Facility
November 29, 2020, 1:28 am
Arrived at USPS Regional Origin Facility
GRAND RAPIDS MI DISTRIBUTION CENTER ANNEX
November 28, 2020, 11:00 am
USPS picked up item
WEIDMAN, MI 48893
November 28, 2020, 12:50 am
Shipping Label Created, USPS Awaiting Item
WEIDMAN, MI 48893