Regardless. If the item doesn't turn up it's THEIR fault and problem. Not mine.
Stamps foot and sulks in corner.
Regardless. If the item doesn't turn up it's THEIR fault and problem. Not mine.
No company is perfect, including OWC. However, they provide excellent service in most cases. This is a case of the customer not checking all the facts before ordering and not understanding who is responsible for shipment of items ordered. OWC is not responsible once the shipper picks up the items ordered. The thread title is false and misleading, as OWC's customer service in this situation is quite appropriate.
Stamps foot and sulks in corner.
The thread title is false and misleading
That is false. Once the shipper picks up the item, it's yours. That's why Apple bills your credit card when an item ships, not when it arrives. Your warranty also starts when it's shipped, not when you receive it. Just because things don't go your way doesn't mean OWC is to blame.The fact of OWC no being responsible once the item has been collected is nonsense. They are responsible until I receive it.
That is false. Once the shipper picks up the item, it's yours. That's why Apple bills your credit card when an item ships, not when it arrives. Your warranty also starts when it's shipped, not when you receive it.
Just because things don't go your way doesn't mean OWC is to blame.
That is false. Once the shipper picks up the item, it's yours.
No, when you sign for an item, it becomes yours. In between, the vendor and the shipper have responsibility for the item. Apple is arguably wrong by starting your warranty before the computer is delivered.
Regardless. If the item doesn't turn up it's THEIR fault and problem. Not mine.
That is false. Once the shipper picks up the item, it's yours. That's why Apple bills your credit card when an item ships, not when it arrives. Your warranty also starts when it's shipped, not when you receive it. Just because things don't go your way doesn't mean OWC is to blame.
False, as clearly stated in OWC's shipping policy:Ahh... no. In the USA at least, it is the sellers responsibility to get the package into your hands. If OWC chooses to offer a shipping option that is not trackable, the risks associated with that will fall to them.
As the delivery of your order is beyond OWC's control once your order leaves OWC's facilities, OWC cannot assume liability for late deliveries, regardless of the delivery method you specify. Please note most deliveries require a signature. Occasionally packages are returned to OWC as undeliverable. When the carrier returns an undeliverable package to OWC, please contact OWC to make arrangements for reshipment. OWC reserves the right to charge you a 15% restocking fee on all refused or failed delivery, as well as all charges incurred by OWC in the return and retrieval of refused orders, including but not limited to taxes, duties, broker fees and return shipping costs. These fees maybe collected by the carrier, customs, agents, brokers, or OWC.
False, as clearly stated in OWC's shipping policy:
If it's false, it's false, and it's not ridiculous to say so, even if you disagree. The claim that "If OWC chooses to offer a shipping option that is not trackable, the risks associated with that will fall to them" is indeed false, as OWC specifically states they are not responsible for late shipment. There is no law that says the seller must be responsible for shipping problems.Firstly, knock it off with your little "false" line. It is ridiculous.
Secondly, the OWC shipping policy does not supersede US law.
Thirdly, OWC's own shipping policy you quoted only says it is beyond their control if a package is late, and that is perfectly legal. It says absolutely nothing about your claim that "it's yours" when they ship. Trust me, if OWC tried to say they don't owe you a refund on a package that never arrived the FTC would be all over them in a heartbeat. If you read the policy you quoted, they are being very careful not to say that.
If it's false, it's false, and it's not ridiculous to say so, even if you disagree. The claim that "If OWC chooses to offer a shipping option that is not trackable, the risks associated with that will fall to them" is indeed false, as OWC specifically states they are not responsible for late shipment. There is no law that says the seller must be responsible for shipping problems.
I like how you try and change the argument after the fact when you realize you were wrong. I am not disagreeing about a package being "late." I am saying your claim that the buyer owns the package when it is shipped and is responsible for delivery is not the law and not at all what OWC is saying. The law clearly says it is the sellers responsibility to deliver the merchandise.
Rather than derail the thread further, I'll just suggest you Google "The Fair Credit Billing Act" and educate yourself.
Rather than derail the thread further, I'll just suggest you Google "The Fair Credit Billing Act" and educate yourself.
I haven't changed the argument at all. The OP's package was shipped and is simply late. The Fair Credit Billing Act deals with sellers who charge credit cards but do not ship the products, not shipping problems or delays after the seller has already shipped the product.
It doesn't seem to me that you guys are as far apart as you seem to think, including the OP.
Depending on the form of payment, the OP is perfectly within his rights to complain to his bank or credit issuer (under whatever equivalent of the FCBA) that the goods were not received. It then becomes the bank's problem to find a source for the money, be it the shipper or the seller or their own overhead.
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FCBA deals explicitly with consumers who paid for a product and did not receive it. It does not matter if it was shipped and the PO lost it. Read the legislation and you would see this.
I have read it, and I'm quite familiar with it. It does not deal with shipping delays or shipping problems. It does deal with sellers to charge credit cards and do not ship products. After the product has left the shipper, it is the responsibility of the shipping company, not the seller. That's why shipping companies have their own insurance.
If you have a citation you'd like to post that proves that FCBA does deal with shipping problems, then by all means post it.We'll just agree to disagree about FCBA.
If you have a citation you'd like to post that proves that FCBA does deal with shipping problems, then by all means post it.
(3) A reflection on a statement of goods or services not accepted by the obligor or his designee or not delivered to the obligor or his designee in accordance with the agreement made at the time of a transaction.
I really hoped we could just agree to disagree, but you want to argue some more. Sigh.
Here is the relevant section of the act. The seller has to deliver. It says nothing about whose fault it is. Again, I am not talking about "late"... I am talking the package just never shows up. We can argue about what the bright line is there I suppose.
Now you will reply by claiming that is not what it says, then I can reply a bunch more times claiming that is what it says, and around we go. So again, let's just agree to disagree.
That citation has to do with correction of billing errors and has absolutely nothing to do with shipping problems or delays. It also deals with the interaction between a consumer and a creditor, not a seller of goods. OWC is not extending credit to the OP. If anything, that citation would apply to the OP dealing with their credit card company, not dealing with OWC.
OP>> Just call your CC company and after a reasonable wait for transit and they will chargeback OWC.
You say the above and yet still imply that OWC is somehow involved. They aren't involved with you anymore, they are involved with your bank/creditor as I suggested earlier and as the OP already mentioned in the first post.
Listen, we would not even be having this conversation but for GGJ's "it's yours" when shipped comment.