Advice for shipped almost dead mushrooms

[redsoul136]

Those mushrooms look fine. If they are still attached put them in a low flow area and they will "bounce" back in less than a week.

 

[Alenya]

That seems a little disappointing. So if a coral was shipped with horrible packaging that becomes the buyers responsibility? I can understand dry goods but not live goods. I don’t see why anyone would want to buy from that vendor or any live good online if it’s not guaranteed alive.
Coming from a sales stand point I appreciate the feedback though.

I agree and that’s why most sellers will pitch in with a replacement or some refund - they’re not obligated but want you to feel comfortable with buying online. It’s 100% a service if it was actually the transport ‘s fault. Transport has insurance for lost or damaged goods but hardly anyone uses it.

 

[Reef.]

I work in sales and as a general rule of thumb if a buyer elects to have goods shipped rather than pick them up, then the buyer is accepting risk due to transport. The seller is not required to deliver to you in one piece as part of the sale price. You accepted overnight transport and would know the risks involved if transport is delayed especially at the moment.

The seller imo has been generous in giving you a discount.

I know where I’m from, the contract between a seller and a buyer is only filled when the item is delivered undamaged.

 

[IslandLifeReef]

Yes priority overnight through fedex. First death with almost 10 overnights.
“Live coral” was written on the box. Not sure if it was stated on delivery.

When was it delivered? Was it before 10 am local time?

 

[IslandLifeReef]

I work in sales and as a general rule of thumb if a buyer elects to have goods shipped rather than pick them up, then the buyer is accepting risk due to transport. The seller is not required to deliver to you in one piece as part of the sale price. You accepted overnight transport and would know the risks involved if transport is delayed especially at the moment.

The seller imo has been generous in giving you a discount.

You would also think that the seller would have to package the item shipped in a manner that would insure that the item would arrive undamaged. If a vendor ships a box of porcelain and doesn’t wrap the individual pieces, then it would be expected that the shipment could be damaged. The seller would be at fault. In this case, the seller shipped the mushrooms without a cooling pack and in minimal water. If temps were in the mid to high 80’s, then the shipment has a likelyhood of dying.

 

[Acrofiend]

When was it delivered? Was it before 10 am local time?

Delivered at 1:30 PM

 

[Skynyrd Fish]

Get them in a low flow spot in the tank and baby them. IMO they will recover if taken care of. Good luck.

 

[ZoWhat]

Buyer Beware Advice:
NEVER buy a fish or coral that you aren't willing to ACCEPT its complete death/failure. Dont buy anything you can't handle losing it all.

I could scrounge up money to buy a Gem Tang for $1600 but unwilling to risk that money in its death
.

 

[Tl02022020]

If having the package held at the fed ex or ups hub is in option, that spares you from delivery misadventures. You can just go collect it in the morning. Although I haven’t done that since covid so not sure if they are currently allowing that. I hope the shrooms pull through.

 

[Alenya]

As an example here is the law for Victoria, Australia:

“Unless otherwise agreed the goods remain at the seller’s risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer the goods are at the buyer’s risk whether delivery has been made or not…”

Basically once you own it transport is at your risk. This can be altered by contract (eg seller guarantees to replace a DOA), but you have to be clear on who has the risk and what the seller and buyer agree to.

Because there are so many sellers who go above and beyond it’s easy to assume that they have an obligation but building an expectation that you WILL receive a refund or replacement on this assumption can lead to conflict.

Laws vary based on where you are but always try to be clear on both side as to what happens if a delivery goes wrong. And I agree not putting a gel pack in the shipment sucks. OP I hope it survives!

 

[Reef.]

As an example here is the law for Victoria, Australia:

“Unless otherwise agreed the goods remain at the seller’s risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer the goods are at the buyer’s risk whether delivery has been made or not…”

Basically once you own it transport is at your risk. This can be altered by contract (eg seller guarantees to replace a DOA), but you have to be clear on who has the risk and what the seller and buyer agree to.

Because there are so many sellers who go above and beyond it’s easy to assume that they have an obligation but building an expectation that you WILL receive a refund or replacement on this assumption can lead to conflict.

Laws vary based on where you are but always try to be clear on both side as to what happens if a delivery goes wrong. And I agree not putting a gel pack in the shipment sucks. OP I hope it survives!

I read that differently, the goods remain the responsibility of the seller until the buyer receives them. Unless otherwise agreed.

Here is an example given by consumer affairs in Victoria Australia...

Johnny went to a store to purchase a new refrigerator. The cost included delivery by the store.

On delivery of the new fridge, Johnny noticed its door handle was broken. He contacted the store, who said the damage must have occurred in transit and was not a fault with the product. However, this was incorrect – the store had an obligation under the consumer guarantees to supply a product of acceptable quality. The product has a major problem, so Johnny could choose either a refund or a replacement product.

 

[Alenya]

I read that differently, the goods remain the responsibility of the seller until the buyer receives them. Unless otherwise agreed.

Here is an example given by consumer affairs in Victoria Australia...

Johnny went to a store to purchase a new refrigerator. The cost included delivery by the store.

On delivery of the new fridge, Johnny noticed its door handle was broken. He contacted the store, who said the damage must have occurred in transit and was not a fault with the product. However, this was incorrect – the store had an obligation under the consumer guarantees to supply a product of acceptable quality. The product has a major problem, so Johnny could choose either a refund or a replacement product.

That applies to businesses with an ABN and not to private sellers. And I agree with checking what your rights are for sure.

In the original quote, ‘transferred’ means transfer of ownership not physical transfer of goods. Ie once you pay for it and ownership transfers to you you are responsible for the item.

 

[Reef.]

That applies to businesses with an ABN and not to private sellers. And I agree with checking what your rights are for sure.

In the original quote, ‘transferred’ means transfer of ownership not physical transfer of goods. Ie once you pay for it and ownership transfers to you you are responsible for the item.

The OP doesn’t state if the seller is private or not, and for this discussion I don’t think it matters, I think we generally agree here, transferred in this context means when ownership is transferred, this is where we disagree though, as payment does not automatically mean ownership has transferred, In many jurisdictions ownership does not take place until you have control of the goods, and that can mean physical control, right to inspect the goods, whether the goods are damaged or not, what the contract states. Even if the transfer of ownership has taken place that doesn’t mean the buyer has no recourse, they still can have rights of return.

Bottom line is the buyer in this case probably has more rights than they know, is what I am saying, it’s not as simple as once the money is handed over the seller has no responsibility.

I took issue with your statement. “I work in sales and as a general rule of thumb if a buyer elects to have goods shipped rather than pick them up, then the buyer is accepting risk due to transport” this might be the case in your business, I don’t believe that is a general rule of thumb, I would contend it’s the opposite, it’s the seller that has responsibility to ensure the goods are as described, fit for purpose and also the one responsible in most cases to deal with any issues with couriers etc if the goods arrive damaged.

 

[EMeyer]

What I don't get is the complaint that the corals were shipped without ice packs. If there is any cold weather between the buyer and seller, an ice pack introduces the danger of cold stress during shipping.

Ice packs arent automatically better, they're a judgement call, just like heat packs. In the right weather shipping with no ice packs is not just OK, but ideal.

This shipper may or may not have made the right judgement call, I'm just saying "no ice pack" isnt necessarily a problem at all, it could have been the ideal arrangement depending on the weather. (I dont use them unless I see temps above 90)

 

[Reef.]

What I don't get is the complaint that the corals were shipped without ice packs. If there is any cold weather between the buyer and seller, an ice pack introduces the danger of cold stress during shipping.

Ice packs arent automatically better, they're a judgement call, just like heat packs. In the right weather shipping with no ice packs is not just OK, but ideal.

This shipper may or may not have made the right judgement call, I'm just saying "no ice pack" isnt necessarily a problem at all, it could have been the ideal arrangement depending on the weather. (I dont use them unless I see temps above 90)

some places ice/heat packs are an optional extra with the shipping price!

 

[EMeyer]

some places ice/heat packs are an optional extra with the shipping price!

haha I know, that one always makes me laugh. I mean, I'm actually OK with a box fee (packaging materials add up, and I appreciate honesty in pricing). But for cryin out loud, now they're gonna charge per heat pack? Surely that counts as part of the box fee, right? Whats next, a fee for tape, another fee for labels, another fee for "this side up" stickers...

 

[Reef.]

haha I know, that one always makes me laugh. I mean, I'm actually OK with a box fee (packaging materials add up, and I appreciate honesty in pricing). But for cryin out loud, now they're gonna charge per heat pack? Surely that counts as part of the box fee, right? Whats next, a fee for tape, another fee for labels, another fee for "this side up" stickers...

I would only pay for a “this side up sticker” if they agreed to put it on upside down, that way I know it’ll arrive the correct way up

 

[GlassMunky]

the seller is not thinking this through, if he replaces now he gets a coral back that could survive, he can then resell at a later date, or As he has done ask you to wait a week, you see that the coral doesn’t make it to get a healthy replacement, the seller then misses out on the return! But still has to replace.

Are you really suggesting that the OP mail back the coral to the vendor??
What?
that’s the dumbest thing I’ve ever heard....
You need to reread this and think about it logically..... cause this whole post makes ZERO sense

 

[Reef.]

Are you really suggesting that the OP mail back the coral to the vendor??
What?
that’s the dumbest thing I’ve ever heard....
You need to reread this and think about it logically..... cause this whole post makes ZERO sense

Wow you are rude.

 

[GlassMunky]

Wow you are rude.

Maybe it’s rude.
but it’s a stupid suggestion and one that nobody would actually do.
At this point then who would be responsible for that overnight shipping back to the seller?
Who’s responsible of it dies in transit this time?

Your other comments seemed well thought out. Not this one.