I don't see how that clears up anything. It is just the seller trying to get out of their legal obligation to deliver a product they sold to you.Post #26 cleared all this up.
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I don't see how that clears up anything. It is just the seller trying to get out of their legal obligation to deliver a product they sold to you.Post #26 cleared all this up.
I don't see it that way. It's literally a contract that you agree to wave the insurance and roll the dice. It's right their in black and white. When you check that box your signing the contract.I don't see how that clears up anything. It is just the seller trying to get out of their legal obligation to deliver a product they sold to you.
But there is no other option. You either pay for insurance that is the sellers responsibility to pay for or choose to take a chance of not receiving your product. It is BS and a lawyer would get your money back. Of course they know you cannot afford to pay a lawyer for something as small as a that so they win either way. The insurance and shipping cost is built in to the price.I don't see it that way. It's literally a contract that you agree to wave the insurance and roll the dice. It's right their in black and white. When you check that box your signing the contract.
But there is no other option. You either pay for insurance that is the sellers responsibility to pay for or choose to take a chance of not receiving your product. It is BS and a lawyer would get your money back. Of course they know you cannot afford to pay a lawyer for something as small as a that so they win either way. The insurance and shipping cost is built in to the price.
I will concede that in this case you may be right. If they say insurance cost is automatically added and you have the option to decline then that may remove the legal liability from them. You went on to say that this is the case with most online sellers these days and that is definitely not the case. What is most often the case is the seller tells you what the price for shipping is and insurance is built into that cost. You do not have the option to buy anything of value from me or any other reputable firearms dealer and have it shipped without insurance but I make it clear that shipping and insurance is not included in the cost of the item.A lot of you guys are handing out legal advice it seems without knowing the law.
When liability for loss shifts from seller to purchaser is completely dependent on the agreement between the two. Is it a sales contract or a delivery contract? Please do some some Googling on the UCC as it covers this topic and is the law in most states.
It's obvious from the checkout page at SGAmmo that you are bearing the risk once it is shipped hence they automatically include the insurance unless you take the affirmative action to opt out. This is the case with most online sellers these days.
If SG never gave it to UPS or gave an empty box to UPS, then yes, you might have a case if you can prove that.
"Well Amazon would refund me!" Ok. That's the agreement with Amazon. They've chosen to do that because they largely deliver themselves and control the whole chain of custody until it's on your doorstep. Plus they have the volume to absorb those losses. That's not what most companies do, however.
"If my Tesla wasn't delivered I'd get a refund!" Yeah, you probably would because YOU'RE BUYING A CAR and part of the sales contract will say they will deliver it into your possession much like Carvana or other companies.
"A legal obligation to deliver"? What is that? There is no such thing unless you specifically contract that with them up front. There is no generic or presumed such thing when you are buying stuff on the Internet.
So legally yes, they cover their asses. It is still not morally right. Right there where it says calculate shipping costs, insurance is part of the shipping cost and should not be optional. If it is free shipping then that changes everything.What am I missing? What is wrong with giving you the option?
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The insurance is clearly not built into the price. They give you the option to decline it, and a clear warning in black in white what that means. The default option has the insurance checked already so you literally have to click a box to decline it and you only do that if you want to roll the dice and save a few bucks.
They couldn't be anymore transparent about it.