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?

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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

Answers:

Maury Beaulier / MinnesotaLawyers.com

Answered 9 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. 


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