Legal Question in Consumer Law in California

The item from Amazon showed that it was delivered in January to someone else and they sign for it. Till today I have not received it. UPS have conducted an investigation but nothing really happen. The driver spoke to me and stated he must have delivered it to a different address. I have disputed this charge with my credit card company but the merchant is still trying to fight and want me to pay since it shows as delivered to my work address. The item is worth $800. Amazon stated that the merchant should have refunded me in this case but they said it's just between me and the merchant at this point. my credit card company stated that they will try to not hold me responsible for the charge but if the merchant continues to disagree and believe I am responsible. then we will have to go to arbitration. My question is the law on my side when this happens? I believe I should not be held liable or responsible for an item that I didn't receive.. regardless of who got it or where it's is considered missing at this point. I don't have it, it was not hand deliver to me nor did I sign for it.

Asked on 3/27/17, 1:56 am

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

If UPS acknowledges it received the shipment from the seller, your beef is with UPS not the seller. So you are unlikely to win a dispute between you and the seller. The seller fulfilled its obligation to you. A good merchant will refund the money and pursue UPS for reimbursement, but they are not obligated to do so unless your terms of the order say so.

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Answered on 3/27/17, 10:14 am

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