If I sell on an online site and sent a book to a customer who never received it, can I be held financially responsible for the non-performance of a third-party?

The USPS admitted that the book is lost. The customer wanted an immediate refund but I declined until the investigation was complete, however I did promise a refund if book was lost. Customer filed an A-Z claim and the web-site took the book cost within hours of the claim. I mailed the book out within the contractual timeframe by the method paid for by customer. Can I really lose money like this since there is no supervisory or other type of relationship between us?

Asked on July 16, 2014 under Business Law, Texas


Maury Beaulier / MinnesotaLawyers.com

Answered 6 years ago | Contributor

Yes.  You bear responsibility for delivery of the item.  Your remedy would be against the third party carrier if you did not iunsure the package. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.