Online purchase; package came ripped apart and contents missing

[stolen_in_trans]

Hello everyone, this is my first post, thank you in advance for any advice. I purchase a new mobile phone from a reputable online retailer. The package arrived yesterday in my mail box, but ripped apart. USPS put the ripped apart package in another transparent plastic bag, with a printed letter on the plastic bag apologizing for the damage, signed off by "Your Postmaster". Inside the damaged package, the paper box containing the phone was ripped apart as well, and of course the phone is missing.

The shipping was free, which I take it to mean the retailer had paid for it. I had only paid for the phone according to the invoice they sent me. The retailer used a cost-saving service in which they handed the package to DHL, and then DHL hands it over to USPS for local distribution. Hence it arrived in my mailbox without the need for a signature from the recipient. Is the retailer responsible for the loss? I am under the assumption that since the retailer explicitly advertised free shipping, meaning the retailer is also the shipper, it should be the retailer's loss and not mine. Any advice is greatly appreciated. I currently reside in MA, the item is shipped from NJ according to the tracking on the retailer's website (as well as DHL AND USPS), but I think the company is from CA.What is the name of your state (only U.S. law)?

 

[OHRoadwarrior]

I believe the post office keeps a record of such damaged shipments. If it was insured, I would call the shipper and your local post master, to determine how to proceed.

 

[stolen_in_trans]

I tried this morning. I tried to ask for some kind of printed record (or any kind of record) that they received the shippment damaged and tampered. They were not the least bit helpful, one person kept saying "too bad" before I could finish my sentence. They stated that the retailer had used the cheapest shipping method possible ("a few cents", in their words), plus the retailer had not put insurance on the package. As to any form of printed record, they insisted that the plastic transparent bag that they delivered the damaged package in, with the printed "letter of apology" signed by "Your Postmaster" is the only record that I am ever going to get.

I have taken this up with the retailer and they promised to investigate with the shipping company. I just wanted some opinions on if since the retailer is also the shipper, is the retailer responsible for the loss of goods in transit.

In my mind I have a contract with the retailer, which he did not fulfill since I did not receive the goods in the condition described (or in fact, missing), so the retailer should refund me (or remove the charge from my credit card). And since the shipper did not fulfill their contract with the retailer, the retailer should initiate a claim with the shipper?

Thanks!

 

[Indiana Filer]

I believe the post office keeps a record of such damaged shipments. .

Not usually.

 

[Handcoc]

Return the item to the seller and place a stop on the payment with your credit card company.