So now retailers want to offer an optional 3% surcharge for “shipping protection” when I buy wine? Aren’t they legally responsible for getting me my product regardless? If I don’t buy said protection and the package is lost, what’s to stop me from doing a credit-card chargeback? I suppose the answer is “nothing” and the credit-card company can make whatever decision it makes, but I’m sure there is a proper legal answer here. When I buy some good that is to be shipped to me, isn’t there an implicit contract with the seller that the seller is solely responsible for getting said good to me?
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Explicit beats implicit. In shipping, there is a concept of “Free on Board”. Free on Board [Shipping Hub]” means the risk passes to the buyer when the goods are placed on the carrier. Free on Board [Destination]” mean the seller retains the risk until delivery. I’d read you terms of service, although the seller will argue that made the terms clear by sending you an offer of “protection”
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So the seller can just say in this case that “the click-to-agree terms say you take on all shipping risk if you don’t buy the usurious protection upgrade” and that’s not in conflict with any federal/state consumer protection laws? Man, that sucks, especially when this “protection” is regularly 2x the cost of the actual shipping sometimes.
Also, I really do think the better credit-card companies will look askance at this. Myself I’m unlikely to go that route unless I want to absolutely burn bridges with the retailer in question… the one charging 3% I won’t name but I used to think very highly of. Not so much anymore due to this, so I’m happy to put the gloves on if it comes to it.
I cannot speak to how credit card companies would handle the issue, but pretty much ever Terms of Service I have read from a wine retailer or auction house states that the buyer takes possession of the goods at point of sale and in the jurisdiction where the wines are made available for pickup by either the customer or a common carrier.
And so, yes- while they may do something to help you out if something goes wrong, generally speaking you are on your own once you purchase the wines. All this assuming you do not purchase the insurance coverage offered (and even then, if I ever were in that position I would read very carefully to be sure all bases were covered.)
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Why aren’t you revealing it’s WHWC?
Read the fine print before clicking “purchase.” Virtually all transactions pass risk to the buying party upon sale or at least at the point of shipment unless explicitly arranged otherwise. This is true in retail as well as industrial transactions.
I will not do the lecture on Incoterms at this time. 
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I haven’t read the actual T&Cs of WineBid/GSN, but with my recent Fedex fiasco, they said if Fedex can’t get their youknowwhat together and find the box, they will file a claim and will give me a full refund.
FCA terms?
If the seller has offered protection for an additional charge, I always assume when placing the order that I need to have purchased that in case I ever need to make a claim for breakage or missing wine or whatever else may have gone wrong in transit.
I just saw a blip on the news the other day that regular retailers are adding protection fees due to porch pirating costs?
FCA is one of the Incoterms. FOB and EXW were the others that I normally dealt with.
Wow, I didn’t expect UCC Article 2 to make its way into my morning WB reading.
What’s next? The rule against perpetuities?
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Regardless of a seller’s purported T&Cs, usually a credit card company will side with the cardholder in a dispute
I kind of doubt that’s true here if the wine was explicitly shipped FOB. It’s not like a dispute about a defective item or some other failure of the seller’s.
Bring back Matty Walker.
-Al
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Yes, it is WHWC. I should say most other retailers are still only charging 1% and I’m usually OK with paying that, especially if ordering cross-country which raises the chance of issues. 3% is outrageous but their selection is good enough I’ll still order from them and take my chances since they are only like two days away ground.
Why aren’t you? WTF is WHWC?
Can we all stop speaking in acronyms? This isn’t an adolescent text thread.
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WHWC is not an acronym, it’s an initialism.
This forum needs a pedantic hat-emoticon.
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