Of course shippers have a responsibility to make sure they do not incinerate your package. These items are all tracked. Carriers have insurance for this and it will be fine. This is everyday for them.
Would be ironic if the vape overheated and..........
Are you sure? I'm pretty sure it's not that way. It wasn't in the days when I worked in mailing for sure. Nor would contract law support a claim from the addressee as I understand such things.
If you need to trace a package, who has to start that? Sender or addressee? When it happened to me (lost package) a year or back the fellow who sent it had to wait 2 weeks and then file the trace. I was told I could not.........
The shipper's total liability is limited, it doesn't cover replacement unless you buy extra insurance. Like luggage and the airlines. And he has no legal obligation to the guy who's name appears on the package. His liability is spelled out in the contract with the seller.
It is true that the package (and therefore responsibility) might get shifted around, passed on. But at every step a new contract is created. In the case above, FedX has to file with USPS for failure to deliver the package for them (FedX), not the addressee or seller.
The same sort of thing happens when you have a car accident and it's clearly the other fellow's fault. Doesn't matter, your insurance company has to fix your car to your satisfaction (where the contract is). They, in turn can charge/bill/sue the other driver or his insurance but absent your agreement otherwise (like to take the check for repair directly from the other party or his insurance) the law says your insurance company pays. In the case where you don't have collision insurance they don't of course, it's your responsibility to sue 'them' (the other driver/his insurance company) to recover if necessary. I've just watched this unfold for a friend. Her insurance 'instantly' wrote a check to the agreed to shop for the serious bucks less the deductible. She is on the hook to get the $500 from the other insurance co (which they have done) since her contract with her insurance doesn't cover the first $500. Her insurance company will 'back bill' the other company for the big bucks they are out.
The easy way to resolve this is for the OP to try to file a claim? I believe he has to get the seller to do that. Like I said, when I tried to file a trace on a lost package from FL I was told I couldn't by the PO. I have no standing?
Hopefully it can be quickly sorted out and the OP gets a replacement. Imagine the fun when it's a unique item (say antique or artwork), where replacement isn't possible. That's why the contract between sender and carrier spells it out the way the lawyers have it set up. FedX can't be held liable for losing an antique by someone they've never met? What would the rules be there?
OF
If your seller states that and they are legit, I assume they are, you are good to go. I bet you get shipping notice soon. Enjoy.
There are two contracts here. One between me and the seller. In their TERMS OF SERVICE they state that if delivery doesn't happen after shipping, they will replace the item so that pretty much covers me. (Also they have said they are shipping a new one today, but I see no proof of that, no shipping notification so we shall see).
The other contract is between the seller (Namaste) and the shipper (FedEx). That actually has nothing to do with me and I cannot file a claim on it as FedEx sees the shipper (Namaste) as their customer, not me. So I am right out of that and I feel I shouldn't be caught in the middle. Frankly I don't give a damn whether Namaste can get it covered with insurance or not and that has nothing at all to do with me.
I filed a FedEx claim but it will be booted out. I've been to this prom before.
Yep, much as we might want it to be otherwise that's how I understand the rules. Nice they put it in Terms of Service, but even without that they're still responsible for fulfilling their half of the contract with you. And their 'redress' with the shipper is limited I suspect. Their risk against the odds?
I agree with 'I want my vape, the rest is your problem'. As I said before, if you bought it with CC you've got them by the short and curlies. And they no doubt know it......or will soon get made wise by their Lawyer.
Hopefully you'll have the sucker in hand in due time. And hopefully you have a backup to carry you through until then.
Best wishes, IMO you're in the right here which should carry the day in the end.
OF
I paid with my Debit Card and I called about it today but they suggested I give the seller a day or two to make it right?
Unfortunately I do NOT have a backup for herb so I cleaned my pipe and will make do.
According to the people I spoke with at Namaste that truck was full of mostly THEIR products as the truck had just left their warehouse apparently, so I sort of feel for them, but they didn't handle it very well. I still think they should have offered expedited shipping instead of a stupid grinder, which I don't even want.
If it were me, I'd give them the day or two. IIRC you have something like 30 days after the deduction shows on your statement? I avoid Debit cards personally.
Bummer about the no backup, I bet we don't catch you that way again. I know it's gonna be a sore subject, but you might start thinking of a different sort of vape to have for a backup/change of pace. IMO such vapes should be fun to use and effective in their own right and low in cost? You might consider MFLB, Vapor Genie or a personal favorite, Vapman. All highly regarded vapes (check out their threads) and in the '$100 or less range. I'd avoid the coil and metal bat VGs if you're a casual type or vape with friends. They can get very hot in use. The coil is excellent, however, on a bubbler........
Ironically I often suggest FMs for such applications for folks with other vapes.
Bummer for sure, but it too will pass?
Regards,
OF
Yeah I am going to need a back up for sure. I am kind of looking at maybe the Haze Dual? We have some money coming in Sept so maybe I can treat myself.
I'll probably wind up with an Arizer Solo.
I would really initiate a chargeback. @Stu has made it clear that Namaste Vapes is run by some shady ass motherfuckers and literally EVERYONE goes through their chicanery bullshit. Is it doable on debit? Not sure.Aaaaaand four days from when my replacement Flowermate was supposedly mailed and still no vaping for me. Beyond frustrated and I just want my damn money back at this point.
The original mini (5.0s) will suit your needs perfectly. Get it from Puffitup for $85 here: http://blog.puffitup.com/2015/09/flowermate-sale-new-low-prices-on-the-v5-0s-mini-pro/Really on the fence on purchasing one of these. It's mostly for me and one other person. The mini 5.ox seems fine but so does the mini 5.os. I just want a good vape for a couple of puffs and put it down and walk away and come back to when I want another. And the smell to a minimum. And of course a decent battery.
Is that so much to ask. Lol I know with 2016 there are too many to count anymore
My thought exactly!The original mini (5.0s) will suit your needs perfectly. Get it from Puffitup for $85 here: http://blog.puffitup.com/2015/09/flowermate-sale-new-low-prices-on-the-v5-0s-mini-pro/