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I don't know the specifics of the law here, but it seems problematic that a company would be legally considered the owners of an item that you have purchased an
by boringuser2 3y ago
I don't know the specifics of the law here, but it seems problematic that a company would be legally considered the owners of an item that you have purchased and be able to unilaterally rescind your contract until it has arrived on your doorstep.
1. Who determines when the item transitions from their property to yours? It seems reasonable that it would be when they accept payment for your item, but it apparently isn't.
2. If the transition occurs at the customer's door, does this mean that a parcel delivered to the wrong location (let's say, a neighbor's door) is theirs? Does mere proximity legally make the item yours? Does the carrier decide to whom the item belongs, and, if so, when? I actually don't believe the "refused delivery" story because it superficially appears to be the only legal loophole that would allow the vendor to retain property of the item.
3. I'm not sure that it's equitable to allow a company to take a relatively non-trivial amount of money from a consumer and give them unilateral leverage in the contract. Even $100 is a non-trivial amount of money for a consumer of even modest wealth, whereas $100 worth of goods for a company is a fraction of a fraction of a fraction of a percentage of value for even a modest merchant. If the aim of the law is to promote equity, it seems like a greater, not equal, onus would be placed on a merchant.
- jon-wood 3y agoOn the whole I’m much happier with convention being that the company owns the object being sold until a courier hands it over to you, especially in a world where most companies are selecting their courier based on who the lowest bidder is rather than quality of service. In your world, let’s say the lowest bidder courier has an overloaded route, and decides to toss your laptop into a river while claiming to have made delivery to your neighbour. You’re now on the hook to chase this down and get a refund for the value of the laptop. In my world I call up the sender and say “hey, your courier fucked up” and it’s now their problem. If they don’t fix it I run a chargeback of the card payment because the item I bought never arrived.
- boringuser2 3y agoThat would also be a breach of the contract. Why wouldn't it be contingent on the vendor to properly safeguard and transport your property? I can send my Rolex into a shop for repair, or hand it over physically, and I'm pretty sure I'm protected from someone throwing it into the Hudson river without it becoming their property. Just to note, most deliveries are contactless so a company really isn't capable of proving this supposed transfer of ownership. Seems like a nightmare for the company and the consumer.