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lian003 · Feb 5, 2012, 09:03 AM

This happened in Ontario, Canada.

Buyer purchased gift card from an online forum shopping site but doesn't mention what type of shipping he prefers. Buyer does not receive gift card (after several weeks). Seller claims to have send the gift card through regular mail. Buyer insists seller should have used traceable postage to send gift card. Does the buyer have case against seller in this situation (legally)? Is traceable postage required by law when sending goods purchased online (such as gift card)?

tickle · Feb 5, 2012, 09:11 AM

Method of transmitting is a personal preference and common sense. Where money is involved, such as a gift card, it is best to send it Priority POst through Canada Post and receive a traceable number and signature, then there is no doubt.

It is not a legal stipulation.

ScottGem · Feb 5, 2012, 09:17 AM

The thing here is that a gift card can be cancelled. So the seller should just cancel the card and reissue.

If the card was used, then the seller needs to verify it was the buyer or the recipient who used it.

Fr_Chuck · Feb 5, 2012, 09:51 AM

The seller is liable to show that the buyer received it. So if the seller can not prove the buyer got it, and the buyer claims he did not get it, then he can ask for or even sue for his money back.

If the buyer sues for money back, the seller has no proof.

lian003 · Feb 5, 2012, 11:13 AM

The seller claims to not know the gift card number. What if buyer did in fact receive it through regular mail but is trying to scam seller because he didn't use traceable postage? Or the mail got lost or stolen in the post office?

Who does the burden of proof lie under?

ScottGem · Feb 5, 2012, 11:22 AM

So this was a second hand deal? Where the seller was selling a card he had received?

This may have been a buyer beware deal.

JudyKayTee · Feb 5, 2012, 11:25 AM

What if, what if -

The BUYER should have requested some type of secure delivery. Once "something" is mailed (and now it's your word against the seller's) it's ASSUMED delivered unless it's returned to the seller - and, again, your word against his.

I would think the phrase "traceable postage" refers to certified or mail requiring a signature.

The burden of proof lies with whichever party brings an action against other and then one party is more believable than the other. I don't understand how a scam to receive and use it but claim it was never received is possibly going to work - unless, as you say, the seller has no idea what the number of the card was.

Either way I think both parties were irresponsible but I'm with the seller on this one unless/until I find out there is a history of dishonest dealings.

- Or is this a homework question? The question is posed from both sides (which never happens) and so I can't help but wonder...

lian003 · Feb 5, 2012, 11:38 AM

No, it's not a homework question. I'm asking this on behalf of my friend. He wants to pursue a case against the seller in small claims court. He has the seller's full name and address. I'm not sure what are the odds in him winning the case?

JudyKayTee · Feb 5, 2012, 01:59 PM

I'd say slim to none. I have no idea how he can PROVE that the card was never mailed UNLESS he can find other people in the same situation. I believe he minimally is 50% at fault because he didn't ask for any type of guaranteed delivery.

So your friend is the buyer? I wondered why you presented the case also from the viewpoint of the seller.