Customer's Rights When Package Shipped by Mail Doesn't Arrive

[sandro]

My question involves a consumer law issue in the State of: all states

Hello,
I'd like to say before starting that I'm nowhere familiar with the law or terms to use, so forgive me
when we use a service we usually agree on terms through a signature or check-box (online), when we ship mail without a tracking service, so basically we don't sign or talk to anyway but just post the mail, what exactly is the customer protection there?
for example if the shipping company loses the parcel they don't have to refund the money because the item wasn't insured. Problem is that you never agreed on that terms, so how does this work?
Is it the customer work to search for terms before using a service that doesn't require an explicit contract to agree to?

I guess this question would apply to anything that we do in general. But it think it's different, if I buy something at a retail store I know that there are certain rules (like I can't steal and they can't sell me a wrong product [stupid example]) that are above both parties (state). But with a shipping company, the company makes their own rules.

Thank you

[Mr. Knowitall]

As you were told when you posted, all states have different laws. If you want to know the laws of all states, write somebody a check to research them for you or hit the books yourself.

If you are worried that your customers will claim that you took their money and did not send merchandise, start tracking your shipments.

[flyingron]

The state would be nice, but assuming the federal law and most states adoption of the model UCC, you're pretty much on the hook for making sure retail shipments arrive. If you can't eat the loss of a misdirected shipment, buy insurance. The common carriers and the USPS offer it as well as independent organizations. Then it because the insurer's responsibility to worry about these things as long as you've complied with their requirements.

Even notwithstanding the law, if they paid with credit card, I guarantee you'll lose to a chargeback if they don't receive the item.

[Mr. Knowitall]

There's no law that's going to make you automatically liable if you don't track shipments - but it becomes your word against theirs if they sue you or if they dispute the charge with their credit card company. If it's valuable you will generally want to track the item, if it's very valuable or particularly fragile you will likely want to insure it or at least make that option available to the buyer.

[flyingron]

Further, my earlier comments apply to online/mail order retail. If your going to indulge in certain other e-commerce realms like eBay and/or Paypal, you're going to have to realize they have their own rules.