If an item I’ve brought got lost in the post on its way to me, whose responsibility is it to ensure it arrives?

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If an item I’ve brought got lost in the post on its way to me, whose responsibility is it to ensure it arrives?

I brought an item online and in the buyer T&C’s they state that they accept no liability for lost items once the items have left the premises. On the distant seller regulations it states that they own the item until I recieve it. Can they put that they won’t replace a lost item? They have then said that I must process the claim and not them as it is my item.

Asked on May 17, 2012 under Business Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Typically under the laws of all states in this country, the responsibility of an item lost in the mail deposited by the sender is the sender's responsibility until the person who is to receive it has the item in hand unless there is a written agreement to the contrary.

It is entirely possible that the seller will refuse to replace the lost item. If that is the case, I would cancel payment for it. As a safeguard, I would process the claim since the seller indicates that it will not.


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