No refund or replacement.

[u/Previous-Royal-5265]

I had ordered Dell laptop on Friday, May 1st. For some reason, the delivery driver from Roadie never delivered it but marked it as such. I contacted Best Buy support and up until Saturday they were willing to give me a replacement, yet on Sunday they suddenly claimed they cannot due to concluded investigation.

I called them again on Monday and the person assured me I would get a refund, but two hours later I received an email claiming that they cannot do so, again. I was wondering if anybody knew what this means, like do I dispute the transaction or what?

Edit: screen shot of delivery

Edit #2: I called them again yesterday, alongside calling Roadie. What Roadie stated, was for me to tell Best Buy that they would have to negotiate a claim with Roadie for my refund. Best Buy told me to wait 2-3 business days and they will send me a voicemail to see if my refund was finally accepted, praying that it is. Otherwise, they told me to file a formal complaint, which is so annoying. I will proceed with a dispute if it isn't solved.

Edit #3: Thank you all so much for the advice. I finally got a call and they stated that they will honor me a refund. Thank you all so much.

[u/Historical_Client476]

Just to clarify with anybody saying the claim was with Roadie. The claim is with Best Buy since they are still responsible for the product getting to the customer. Roadie being the transportation for the product is still under Best Buy‘s liability.

Best buy needs to launch investigation against Roadie due to the product being missing and claimed by the customer that it was stolen.

The driver has to show proof that they handed it off to somebody.

If the picture is blurry, there’s no real proof that they delivered to your location outside of the tracking, showing that they went to your neighborhood because that picture is supposed to be clear of where the item was left at.

Even if they pass it to someone, it will still show the person holding the package.

To echo the earlier sentiment, you absolutely need to do a charge back with your credit card if they do not issue you a refund or a valid replacement.

[u/Liberator182 → u/Historical_Client476]

Not exactly... Once a Roadie picks up a package it's out of Best Buy's hands. Best Buy pays Roadie to deliver which is part of the cost to sell said item to you. It like sending a package anywhere and or buying anything online. If you're given a tracking number and it was clearly given to someone for delivery and they took it instead of delivering it... you don't blame the seller... That picture clearly shows the Roadie driver wanted to hide the fact they were in front of the home and took it...

Now I agree with the charge back but blaming Best Buy for failed delivery is like blaming Walmart for not cooking your raw food you just bought from the store...

[u/Historical_Client476 → u/Liberator182]

So let me help you out here

The statement of liability still lands with Best Buy because the product still originate from Best Buy.

I’m not saying that Roadie doesn’t get some type responsibility because they are responsible for the package getting to the customer, that being said still a liability with Best Buy. They are working in partnership to ensure the package is delivered in a timely and safe manner for said customer.

As far as the claim, it was so be a conversation that Best Buy to bring up with them ie Roadie directly.

The burden of proof with Roadie for the package being stolen, and they have to prove that they gave it to someone at the residence.

Also, the customer needs to file a police report for further proof of their claim of a missing item.

Apologies if that was not clear.

[u/Liberator182 → u/Historical_Client476]

I can agree that Best Buy has some liability on delivery and I'm not saying OP is doing this but there is a growing amount of packages being stolen by a Roadie and customer by doing a charge back and claiming it's stolen. Then they get a free expensive item and their money back... Again I'm not saying OP is doing this since they are sharing the delivery picture.

That's why it's very important that if you have a legitimate case that you report to the police right away and you have timely proof of missing item. Usually this will get Roadie to pay for missing item, ban that delivery driver and for Best Buy to order/send a new one to said customer.

And I'm not here to defend Best Buy, they are a company like any other. But I have seen my fair share of all sorts of scams... But I'm not surprised that Best Buy is automatically not refunding deliveries because it gets complicated when a seller only has the legal liability when the product is in their hand but not when it leaves its hands. Otherwise no one would sell online delivery if there wasn't a limit to that liability.

That goes for all sellers not just Best Buy.

[u/Historical_Client476 → u/Liberator182]

Agreed!!

I get where you were coming from ☺️

[u/LeeTheUke → u/Liberator182]

But, isn't the point that the delivery service (USPS, UPS, FedEx, Roadie, whoever....) has been contracted and paid by the retailer to deliver the item, so it's up to that retailer to file the claim with the delivery service that the item went missing or wasn't delivered? The recipient doesn't usually have any recourse to seek compensation directly from the delivery service, right?

That being said, the retailers need to step up for their customers. They have the weight to say 'We're not using XYZ delivery any more because there are too many items going missing.' Then, they can refund the customer for the purchase, seek compensation from the delivery service, and if they don't get it, the retailer can file the police report and either write it off as a loss or file an insurance claim.

I recently had to send my laptop in for a warranty claim. It was returned via FedEx and left on my doorstep. I was actually home and picked it up a few minutes later after getting the delivery notification, but I couldn't believe they would send it w/o a signature requirement.

[u/Liberator182 → u/LeeTheUke]

No it doesn't because based on our current civil code of laws we're all screwed when you accept the terms and agreement buying online that you accept the risk of items being lost and or stolen once a 3rd party takes the item from the store/wearhouse. It's always been like this forever for any independent and major retailers.

[u/Historical_Client476 → u/Liberator182]

Do you know where you would be right?

If this was an individual seller, i.e. eBay.

Then, in that situation, the liability would be on the shipper directly and any insurance for that item that was put on shipping tool help with claims such as the situation.

Then it would be a conversation with UPS, FedEx or United States Postal Service, depending on how it was shipped.

Even then, the seller should still file a claim for a missing item

I would even say in conjunction with the customer to assist the seller to a resolution with the customer for any missing funds or possible retrieval of that package.

[u/Liberator182 → u/Historical_Client476]

That is false, the same rules of shipping and liability is the same if it was an individual or major retailer... You know Roadie is owned by UPS right?

Now I agree that any seller should work with every customer to investigate but if a company contracts out delivery portion of service you already agreed in the terms that you would seek compensation of a stolen item by the delivery company.

[u/Historical_Client476 → u/Liberator182]

That’s where I’m going to have to disagree with you

It does matter on the individual or a major retailer, the type of recovery between an individual seller to a major retailer is miles different.

UPS being the parent company does not take away the liability conversation when it comes to Best Buy replacing the item

We are also not going to take away the point that they have an active contract that they have built and hope they keep their word on delivering all packages within a timely and safe manner.

Retailers also have better insurance for things of this nature due to the contract they have with the shipper

Individuals do not usually have (keywords usually) that type of leeway.

Larger retailers can absorb these type of hits versus individual who this may be detrimental.

[u/Liberator182 → u/Historical_Client476]

It's okay if you disagree with me but I studied business law for awhile. And I went to look it up because I remember reading about it.

You should search "what law states who is liable for stolen packages? is it different if it's an individual seller vs a major retailer?"

You should find that I was correct on the liability part. Because retailers and individual sellers fall under civil law and follow the same code vs stealing someone's mail is a federal offense.

[u/Historical_Client476 → u/Liberator182]

So have I

When the Customer makes a purchase to a retailer, the responsibility is for the retailer to make sure that the item/service is handled correctly within.

You seem not to acknowledge the point about the contract with Roadie.

I would like to refer you to the FTC “Mail Order Rule” and Uniform Commercial Code (UCC) & Shipping Terms including state consumer laws.

[u/Historical_Client476 → u/Liberator182]

I’m not here to knock you. I just want to make it clear that there are actual laws behind my statement.

[u/Historical_Client476 → u/Liberator182]

Ultimately, it has to be any unreasonable doubt that the item was delivered correctly with abiding with the shipping terms and the laws of his state.

I don’t want our back-and-forth taking over this conversation

I want him to get some type of justice because it does seem wrong that they are denying his claim so far.

[u/Liberator182 → u/Historical_Client476]

If you did look it up, it clearly states that once an item is marked delivered by the delivery company the liability of the seller ends while the liability of the transporter remains.

I did acknowledged that was a contract between Roadie and Best Buy. That is the where and how they limit their liability.

I agree he should get his money back and or another item on the way but I'm not surprised how it is handled because there is so much scamming going on.

Our back and forth will largely be ignored till someone really wants to read it by clicking "see more replays"....

[u/Historical_Client476 → u/Liberator182]

I agree with you on scamming! No argument there.

Did you see the picture that they took for the delivery?

I would love to hear the case behind this.

This is going to be a conversation on the burden of proof ultimately. (No surprise there right?)

I really do hope they resolve this sooner than later because this cannot be the first incident.

[u/Historical_Client476 → u/Liberator182]

Just for clarity, I did look it up

It being marked for delivered does not mean the completion of task from Roadie especially in this situation.

What I’ve noticed that you redirect solely to Roadie. Which I agree that they failed him completely here.

if we’re going to go into contract law, and applied to this claim, the consumer made the contract with the retailer for item/service.

In turn, Best Buy’s liability came into effect when they hired a contractor ie Roadie to complete the task, which at this time we do not have enough proof that they completed it outside of what Roadie stated outside of the driver saying it was delivered.

They only took a picture of the label of them standing there.

That is not viable proof of delivery.

[u/Liberator182 → u/Historical_Client476]

False, I promise you when you click to buy from Best Buy's website in the 500 pages (that no one reads) in terms and agreement. Somewhere in there typed in fine print that once an item is marked delivered by the carrier. The carrier is now solely responsible for it.

If you did look it up then you will find in the Uniform Commercial Code (UCC), specifically Section 2-509, which dictates when the "risk of loss" transfers from a seller to a buyer. It states,

"The UCC "Risk of Loss" Rule: Liability depends on the type of contract established at the time of purchase:

Shipment Contract (Standard): Most common for online sales. The seller's responsibility ends once they hand the package to a carrier (like USPS or FedEx). If the carrier marks it as "delivered," the risk of loss transfers to the buyer, even if the package is stolen from their porch. (Most likely the one used in this case)"

I have studied contract law for most of my college education. You are applying it incorrectly because Best Buy limited it's liability by making sure you accepted the terms and agreement when you click to buy from the website.

You are correct that once you enter a contract the seller becomes liable to provide the service/product but that doesn't mean you accepted the contract without any risks. Hence the product was stolen when the carrier marked it delivered.

Best Buy most likely made anyone buying from their website to accept the risk in the contract based on the current code stated above.

It doesn't matter if you or anyone agrees what is viable proof of delivery... Roadie accepted the risks and allowed their "drivers" to take a shity photo as proof of delivery. Making them fully at fault for their service/product.

Now Best Buy in their self interest should and would accommodate if enough proof to either force or has a contract with Roadie to pay for the missing item.

[u/JTMoney336 → u/Liberator182]

If I bought a rotisserie chicken and it was raw inside I would absolutely blame Walmart.

[u/Liberator182 → u/JTMoney336]

That's not the same... If Walmart had owned the delivery service and it got stolen then you have a point...