I was thinking of buying at item online from a store and they offer free shipping but they state on their site that they are no longer responsible for the package once it leaves their warehouse. To offset this they offer insurance that you can add on.
I thought under consumer law they are responsible for the parcel until it is marked as delivered to your address. Any insurance is between them and the shipping company and is not the customer's responsibility. Am I wrong?
may be
ie it depends on the contract of sale
The law absolutely does not over-ride a business rule in this context.
In this case, it sounds like the business is very open about this term of sale. The ownership (and therefore responsibility) transfers at pickup.
If it was hidden in the middle of a legelese terms and conditions statement, you might be able to successfully challenge it as being deceptive, but you'd want a really freaking good team of laywers!
law trumps business rules
which law?
Correct, but good luck pursuing the issue with Consumer Affairs if you do have an issue. A company like that is just going to stonewall you until you give up.
A chargeback would be a solution if it ever came down to it wouldn't it?
Sure, if you don't leave it too long, and the bank approves the claim.
Yes it would.
The contract for delivery is between the carrier and the sender not the recipient.
AusPost will stonewall any claims until you pass the complaint onto the Postal Industry Ombudsman. Low value claims (sub $150) the AusPost agent dedicated to working PIO claims will generally approve to pay the recipient to receive a satisfactory resolution. PIO claims and negative resolutions attract fines.
For other carriers (cause the PIO only covers AusPost and StarTrack), you'll have to rely on chargeback on the transaction from the seller as it's their responsibility that the item arrives in acceptable condition. You should give them an opportunity to follow up on any delivery issues first but after that it'll either be a chargeback or a complaint to the relevant state's fair trading body or both.
Isn’t the courier responsible? Seller, to protect their reputation and for good customer service, generally take an interest should issues arise, but best to read the terms and conditions you agree to when purchasing
and when you ring the courier / Australia post they say the seller needs to lodge any insurance claim because you don't have a contract with them.
Some business know the rules they just want to make it sound like they have no responsibility
Might be better if you avoid the store altogether.
If it is a problem then simply make your purchase elsewhere
https://www.afca.org.au/coronavirus-covid-19-pandemic-suppor…
That is your answer instead of making a forum on OZB without even giving any details of like who is merchant, purchase amount, purchased item etc.
lol Covid 19…how topical.
According to Google… If a package is lost or damaged in transit, the consumer may be entitled to a refund. The seller is responsible for resolving any issues with the courier or Australia Post
If that's the case, law trumps business rules any day of the week.