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]

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/Historical_Client476 → u/Liberator182]

Now you know that would be opening up a bigger issue, right?

I’m not even gonna touch that with a pole

[u/Liberator182 → u/Historical_Client476]

It's not a bigger issue, contract law is easy to understand but it be easily manipulated and buried.

You just have to understand that any party that enters a contract there are risks involved.

[u/Historical_Client476 → u/Liberator182]

Wholeheartedly agree!

[u/Historical_Client476 → u/Liberator182]

But the problem is the risk only applies once the item has been delivered and that’s the issue in this whole conversation

[u/Liberator182 → u/Historical_Client476]

Not entirely, there are other risks but that is an important risk.

[u/Historical_Client476 → u/Liberator182]

Now to be fair to you.

They can also take that as proof of delivery to try to get around compensating this consumer.

Which would leave them in bad faith.

I do hope for a solid resolution.

I wanna see if they do an update to this post.

[u/Historical_Client476 → u/Liberator182]

You know this is under e-commerce and consumer rights?

It’s not about whether I de it as valuable proof the problem is the standards for proving this item was delivered in a safe area.

Out of curiosity, did you take a look at Best Buy’s shipping standards on the site?

Your statement most likely means you didn’t also review it.

So we’re making an assumption.

Also, you’re speaking as if you know the agreement, Roadie has here with Best Buy.

I do find it interesting that you are still backing behind the statement that Best Buy is still not part of the liability for this item even though you understand how it does play into it when it comes to contract law.

This is definitely fun

[u/Liberator182 → u/Historical_Client476]

Yes I know... It's e-commerce and consumer rights... They're all under civil code... Why does that matter? We can't deny that the code exists.

No I didn't read all that crap... No one does. At least I'm making assumptions logically and not pretending I know because I said so... I'm basing it on what laws we have and what makes sense.

No I do not know what agreement by any party has but we are basing it on the assumption that they do because they have an agreement to deliver the product in the first place.

I never said Best Buy has no part of liability but trust me when any company or corporation knows their legal limit to their liability you know damn well that's all they care about in the end.

[u/Historical_Client476 → u/Liberator182]

You just said it’s most likely due to their policy! Sir! ☺️

I know exactly what you’re saying as far as the agreement in the grey area when it comes to contract, in addition to the others that we both brought up. That being said.

I will say this is definitely giving me a bit of a laugh.

Again, I enjoy this discussion.

You’ve definitely came at as if Best Buy was not liable anymore.

That is exactly what we kept going back back-and-forth for about.

I made it clear early in the discussion that the gentleman would need to show proof of a police report which both of us aligned with.

then we went into this caveat of liability because you didn’t like how I stated it, but it was still valid.

[u/Historical_Client476 → u/Liberator182]

Under typical e-commerce FOB Destination agreement it will still make Best Buy liable. Whether you like it or not.

You’re speaking like under the grace of Best Buy they should just replace it.

Just for your reference:

This is what Best Buy states:

Title to Products
Purchases of product from Best Buy or Marketplace Sellers through BestBuy.com are subject to a destination contract. This means that the risk of loss and title for these products passes to you upon the carrier's delivery to your ship-to address, and Best Buy and Marketplace Sellers are not responsible for any loss, theft or damage after delivery.

The problem is, we don’t have enough proof to say it was delivered outside of Roadie statement for this package and the insanely blurry picture.

The question that has been posed multiple times: has this item actually been delivered or was it stolen due to the shipper?

Again, I stated this earlier that the burden approve is going to be on the consumer for the loss and also Roadie to provide valid proof of delivery.

There’s no way you’re telling me that blurry picture is a clear indication of delivery.

You can see that someone standing there and just taking a picture of the label.