Dispute with Shop NBC. >>>>>>>>>

[DonB]

What is the name of your state? California

Hello,
made a on-line purchase from Shop NBC and the package was delivered but upon opening it I found the item missing. Some of the original packaging was inside but the watch I ordered was not. Upon further investigation I could see that the box had been cut open and re-taped. Filed a claim with the vendor but the claim was denied, here is what they stated:

Dear Don,
We have reviewed your claim with Shop NBC. I regret to inform you that this claim is being denied as our investigation concluded that the package was delivered and signed for. A copy reflecting the proof of delivery has been enclosed for your
review.

We investigate these claims thoroughly and believe that a credit in this was in not warranted.

Respectfully,
Shop NBC Claims Investigation

my reply:

To Whom It May Concern,
I have just received and read you letter sent stating that:

Dear Don,
We have reviewed your claim with Shop NBC. I regret to inform you that this claim
is being denied as our investigation concluded that the package was delivered and
signed for. A copy reflecting the proof of delivery has been enclosed for your
review.

We investigate these claims thoroughly and believe that a credit in this was in
not warranted.

Respectfully,
Shop NBC Claims Investigation

I must strongly disagree with you decision as the delivery of the package itself
was never in question. When
I called on Wednesday the 21st, @ 9:35am (PT) I spoke with Barbra in you CS department
and told her that
the package was delivered and had evidence of being opened and re-taped. So I would
ask that you take the time to further investigate and reconsider you position on
this matter. I will also ask you to show me if the package was or was not insured.
I will also bring to your attention that this matter has been recorded on the
ShopNBC forum @ http://bestdamnwatchforum.com/index.php (Best Damn Watch Forum.com).
Even your own
Shop NBC host, Jim Skelton has made comment on the matter: http://bestdamnwatchforum.com/viewtopic.php?t=18363
.

If this matter cannot be cleared up between Shop NBC and myself I will be forced
to report the matter to the
issuing Bank of my Credit Card.

Regards
Don Battles

the response:

Dear Don,

We have thoroughly investigated this matter and Fed Ex has confirmed
that there were no damages to this package when it was delivered. We
recommend contacting Mr. Sneeps, the gentleman who signed for your
package or Fed Ex if you have any further questions.

Sincerely,
Desi

Desi Strate
Claims Investigator
Loss Prevention
ShopNBC

They want me to deal with FedEx but since I'm not the sender this is not an option.

my reply:

Mr. Strate,
I would like to request a copy of your "thorough investigation" seeing
as how I'm being
told I must swallow a $2500 pill. As for Mr. Sneep the first thing I did was speak
to him and my
item was park of a larger number of packages being dropped off that day. As for
me contacting FedEx,
you should know that since I'm not the shipper I cannot file a claim nor will
FedEx discuss the matter with
me as I have already tried that avenue. I'm really trying to remain calm and
patient with regards to this
matter but this patients is rapidly coming to an end. My next step will be with
my credit card company whom I have already made a preliminary report to, they assure
me the matter will be handled on my behalf. their are
many people waiting to see the outcome of this and I would like to be able report
that Shop NBC did the right thing and took care of the customer.

Regards
Don Battles

the last reponse from Shop NBC:

Dear Don,

Again, your claim has been completed and reviewed with upper management
here within Loss Prevention and this claim will remain denied.

Sincerely,
Desi

Desi Strate
Claims Investigator
Loss Prevention
ShopNBC

and my last resonse:

Mr. Strate,
I would like to officially request a copy of any Asset Loss report that was filed
by Loss Prevention at SNBC.
I have spoken with some legal council and the Better Business Beaurue and have been
informed that I do have
some rights in this matter despite you denial of the claim.

Regards
Don Battles

So the question is am I going about this the right way and do I have any rights or recourse in this matter?

Thanks

 

[justsomeguy]

Have you disputed it with your credit card company yet? That's the only real step you need to take, BBB, Council, none of that will matter when you get your refund.

Generally speaking, the shipper should have insured this item and would have to deal with this with FedEx. If FedEx has not contacted you, then they probably did not receive an insurance claim, that would have been their first response.

If FedEx pays out on the insurance claim they will most likely put you on a do not ship to list, so you may not be able to get anything else through them.

The story does sound pretty fishy though, so don't expect anyone to just volunteer a $2500 refund. If you or your address has a bad history with any of the main shippers, UPS, FedEx, USPS, or DHL, ... It would be even more fishy.

 

[DonB]

Thanks

Thanks for the response. I am a customer in good standing with Shop NBC and have never had the need to file any such claim in the past. As for the company I work for, as the one who is in charge of the department that handles all shipping and receiving I can also say we are in good standing with all of the various freight companies.
As for the CCC , this will be done today. I was trying to make a honest attempt at resolving the issue one on one with Shop NBC before involving them. I know as someone in the retail/service/parts business that the last thing I want to see is involvement from the CCC as assumed the same would be true at SNBC.

DB

 

[ForFun]

According to the UCC, which governs the sale of goods in the US (every state has adopted it), the party who bears the risk of loss depends on whether the contract was a "shipment contract" or a "destination contract."

In a shipment contract the risk of loss passes to the buyer upon delivery to the carrier. In a destination contract the risk of loss passes to the buyer upon delivery to the destination.

The UCC official comments state that in the absense of an agreement to the contrary, the shipment contract is generally considered the default.

This means that if the package was tampered with at any point after it left Shop NBC's possession, they are not responsible for it unless you have an agreement explicitly stating the contrary. This also means, however, that you do have a right to present a claim to Fed Ex.