IS this legal? Online spirit purchase

[votking]

I am in NY.


I recently made an order online from a properly Licensed retailer who sells spirits online in California. I was sent the wrong spirit from the retailer. They shipped right away the correct bottle and are asking me to ship the incorrect one back. Is it legal for me being not licensed to ship spirits across country on a return to the retailer?


Thanks,
JM

 

[Zigner]

I am in NY.


I recently made an order online from a properly Licensed retailer who sells spirits online in California. I was sent the wrong spirit from the retailer. They shipped right away the correct bottle and are asking me to ship the incorrect one back. Is it legal for me being not licensed to ship spirits across country on a return to the retailer?


Thanks,
JM

Tell them that you will make it available, but that they need to arrange the shipment.

 

[quincy]

I am in NY.


I recently made an order online from a properly Licensed retailer who sells spirits online in California. I was sent the wrong spirit from the retailer. They shipped right away the correct bottle and are asking me to ship the incorrect one back. Is it legal for me being not licensed to ship spirits across country on a return to the retailer?


Thanks,
JM

No, it is not legal for you to ship alcohol or wine. Only licensed alcohol retailers and wineries can ship - and even their shipments are heavily regulated.

I agree with Zigner that the California retailer will need to make the arrangements for any return shipping.

 

[votking]

Tell them that you will make it available, but that they need to arrange the shipment.

They just had UPS email me a return label that pays for the shipping to them but are asking me to provide it to the UPS man. Is this against the law if I am providing the package to the UPS guy? If it is searched and found could I be liable for a crime?

 

[quincy]

They just had UPS email me a return label that pays for the shipping to them but are asking me to provide it to the UPS man. Is this against the law if I am providing the package to the UPS guy? If it is searched and found could I be liable for a crime?

Both UPS and FedEx prohibit the shipping of alcohol or wine by individuals. And the USPS won't ship alcohol or wine at all, even when shipped by licensed retailers or wineries.

Contact the California retailer. The state of California will not accept alcohol shipments from individuals.

 

[votking]

Both UPS and FedEx prohibit the shipping of alcohol or wine by individuals. And the USPS won't ship alcohol or wine at all, even when shipped by licensed retailers or wineries.

Contact the California retailer. The state of California will not accept alcohol shipments from individuals.

How should I proceed with this situation not legally being able to return and now having a bottle I did not pay for nor order?

 

[quincy]

How should I proceed with this situation not legally being able to return and now having a bottle I did not pay for nor order?

I have been unable to confirm this yet, so you will need to contact the New York State Liquor Authority on Monday to verify (http://www.sla.ny.gov/contact-directory), but I do not see any law that prohibits the return of an unopened bottle/package of alcohol to its sender, using the return shipping label provided by the original (retail) sender.

Contact UPS for a pickup of the bottle, which should remain in its original packaging. When contacting UPS, let them know that it will be a bottle of alcohol (or wine) that was delivered to you by mistake and that you are returning it to the retail sender as requested by the sender.

Again, confirm with both the NYSLA and the UPS that this is the proper and legal way to send the alcohol back. Good luck.

 

[TheGeekess]

They just had UPS email me a return label that pays for the shipping to them but are asking me to provide it to the UPS man. Is this against the law if I am providing the package to the UPS guy? If it is searched and found could I be liable for a crime?

Both UPS and FedEx prohibit the shipping of alcohol or wine by individuals. And the USPS won't ship alcohol or wine at all, even when shipped by licensed retailers or wineries.

Contact the California retailer. The state of California will not accept alcohol shipments from individuals.

The UPS shipping label is provided by the retailer. All your doing is putting it back in the box, making sure it's secure, placing the label on it and sending it back. I don't see what kind of law is being violated here.

 

[quincy]

The UPS shipping label is provided by the retailer. All your doing is putting it back in the box, making sure it's secure, placing the label on it and sending it back. I don't see what kind of law is being violated here.

Individuals are not allowed under the law to ship alcohol or wine. Only licensed retailers and wineries can. UPS is not allowed to ship alcohol sent from individuals. And states can refuse alcohol shipments sent from individuals. New York has relaxed some of its really restrictive laws a bit in the last few years but the laws do not seem to address returns (at least, I couldn't find it if they do) - hence, I'm assuming, the reason for the question posed by votking and the question I still have on its legality.

 

[LdiJ]

Individuals are not allowed under the law to ship alcohol or wine. Only licensed retailers and wineries can. UPS is not allowed to ship alcohol sent from individuals. And states can refuse alcohol shipments sent from individuals. New York has relaxed some of its really restrictive laws a bit in the last few years but the laws do not seem to address returns (at least, I couldn't find it if they do) - hence, I'm assuming, the reason for the question posed by votking and the question I still have on its legality.

I understand the original question. I also understand the concerns being expressed. However, whomever orders the shipment is the "shipper". It doesn't matter where the shipment is picked up.

 

[TheGeekess]

Individuals are not allowed under the law to ship alcohol or wine. Only licensed retailers and wineries can. UPS is not allowed to ship alcohol sent from individuals. And states can refuse alcohol shipments sent from individuals. New York has relaxed some of its really restrictive laws a bit in the last few years but the laws do not seem to address returns (at least, I couldn't find it if they do) - hence, I'm assuming, the reason for the question posed by votking and the question I still have on its legality.

And I say the purchaser is not shipping, since the label came from the original seller.

 

[votking]

I will contact as suggested the UPS and the NYS liquor authority and ask about the legality of this issue and post their responses. With all the big Government and searching of liquid containing packing I think it best that way I do not get potentially caught up in a seemingly mundane issue.

I feel as though this could be a legal loophole, if someone ships any package given a label by a 3rd party then I find it difficult to believe this relives all legal liability.

 

[quincy]

I will contact as suggested the UPS and the NYS liquor authority and ask about the legality of this issue and post their responses. With all the big Government and searching of liquid containing packing I think it best that way I do not get potentially caught up in a seemingly mundane issue.

I feel as though this could be a legal loophole, if someone ships any package given a label by a 3rd party then I find it difficult to believe this relives all legal liability.

I share your concerns, votking.

With the changes the last two years in New York's laws on the purchase, sale and shipping of alcohol into and out of the state to residents (especially in connection with online sales), I think calling the NYSLA and the UPS to inquire about returns is the best way to find out where the law stands currently.

And, if you could post back with what you learn from them, it would be appreciated.

Sorry I could not provide you with a definitive answer.

 

[single317dad]

I understand the original question. I also understand the concerns being expressed. However, whomever orders the shipment is the "shipper". It doesn't matter where the shipment is picked up.

After many years spent in logistics, I can tell you that the place where the package is picked up is far more likely to be the "shipper" than the entity that ordered the shipment. Shipper/receiver relationship is different than merchant/customer. In this case, the merchant is the receiver and the customer is the shipper.

I'm with quincy here; I don't see a way to legally ship this bottle back (nor to avoid splitting infinitives) until OP speaks with the logistics company and his state enforcement bureau. Getting an affirmative response from both those parties would ease my mind somewhat, but not completely (wouldn't take an answer from those parties as definitive any more than I would from a court clerk or police officer).

 

[votking]

After many years spent in logistics, I can tell you that the place where the package is picked up is far more likely to be the "shipper" than the entity that ordered the shipment. Shipper/receiver relationship is different than merchant/customer. In this case, the merchant is the receiver and the customer is the shipper.

I'm with quincy here; I don't see a way to legally ship this bottle back (nor to avoid splitting infinitives) until OP speaks with the logistics company and his state enforcement bureau. Getting an affirmative response from both those parties would ease my mind somewhat, but not completely (wouldn't take an answer from those parties as definitive any more than I would from a court clerk or police officer).

I have posed the questions to the NSY LA. As soon as they have an answer they will reach out to me.