Lost Package from Sketchy Retailer- can I be held responsible to find this package?

Question

I ordered nearly 40 books from an online retailer for around $50, which should have been my first clue that something was amiss.

The confirmation email came from a non descript email address that did not include a company name, but did provide a tracking link.

Last week I checked the tracking and saw that the books had supposedly been delivered 3 days prior. I didn’t receive a package, and I checked with my neighbourhood as we often have packages delivered to the wrong address. Following this I used the help function in the email to inform them that no package was received.

We have been going back and forth for a couple days. They have now said that they shipped the wrong item and that I need to locate that package and return it to receive my correct order or get a refund.

Can the company hold me responsible for finding a lost package that was shipped incorrectly? Is there any way I can get my money back?

Answer 1

When you buy goods online, with a clear indication that it is to be shipped rather than you picking it up in the store, then the seller has the responsibility for delivery, unless they clearly and conspicuously disavow that responsibility. The main clue for you is that they sent the tracking information to you, and you didn't send pickup-and-delivery information to them – they entered into some contractual arrangement with a company, as part of what they have to do to fulfill the sale contract. They will be in breach of contract if they, or their agents, do not deliver the books.