Legal Question in Business Law in Florida

Who is responsible? The shipper or the store?

I went to Just Sports to purchase a jersey for my boyfriend for Christmas on December 21st.The store was sold out of the size I needed so i had them order one. I was told I could expect to receive it on the 30th of Dec. I found out from UPS that due to the weather, they were unable to deliver it at that time and I could expect to receive it on the 3rd. Well the 3rd arrived and my package did not.I signed on to UPS.com to track the package and found out that it had been delivered!I was in my house all day and never received a thing! Ayhow, I contacted UPS and found out that it was infact delivered to the wrong house.It was Friday and they could not send someone to retrieve it until Monday. Monday the UPS guy goes to the house he delivered the package to and they tell him that they ''put it in the mailpan for the mail man to redeliver.'' UPS then tells me I need to contact the store so that they can file a claim for me. Neither UPS nor Just Sports will help me. So now I'm out $250. I need to know who is legally responsible and what I can do to either get the merchandise I paid for or get a refund.


Asked on 1/14/03, 7:32 pm

2 Answers from Attorneys
George Savage George S. Savage, P.A.

Re: Who is responsible? The shipper or the store?

Unfortunately, I am too familiar with your situation. You have a claim against Just Sports. Tell them to give you your money back (credit your credit card or whatever) immediately since you have not received the product. If Just Sports gives you some trouble, contact your credit your credit card (not take a store credit). Just Sports is the only party that has a right to file a claim against UPS under their contract with UPS, so you cannot get anything from UPS. If Just Sports refuses to pay, you will need to file a small claim action against Just Sports.

Good luck.

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Answered on 1/14/03, 7:39 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Who is responsible? The shipper or the store?

The previous answer is accurate. Follow the advice.

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Answered on 1/14/03, 9:45 pm


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