Leander, TX asked in Small Claims and Consumer Law for Texas

Q: I sold item online. I shipped, has receipt, package lost, customer doesn't want to wait for claim but want to sue me

I shipped, has receipt, tracking updated I dropped off. On expected delivery date tracking said will delivery by 7pm but never delivered and no more update. Customer doesn't want to wait for me to claim with ups but want to sue me. Tricked me when call talk about issued took picture of me and threatened to share with people and sue

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: The answer to your question depends on the terms and conditions of the sale, the terms and conditions of the delivery service you used, and, if applicable, the terms and conditions of any platform you may have used to market and sell the product online.

For example, the US Postal Service offers insurance which will cover a lost or stolen package, but otherwise it is not responsible for items lost in transit.

For example, a vendor whose terms and conditions specify that products are sent FOB transfers the risk of loss if an item is lost or stolen to the buyer from the moment the seller delivers the product to a third-party shipping service.

For example, Amazon has very specific rules applicable to vendors and customers using its platform and does not allow most vendors using its platform to require buyers to agree to FOB terms for most products.

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