What to do if accused of non-delivery of services regarding an on-line sale?

UPDATED: Aug 30, 2011

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What to do if accused of non-delivery of services regarding an on-line sale?

I was an on-lineseller until recently I made a fairly good income doing so. The products I sold where service based rather than tangible products. I recently ran into trouble with buyer who was disgruntled and opened 25 buyer protection cases against me for non-receipt. The on-line site that I used only gives you the option to provide tracking information via a known shipping company eg: UPS. I can prove that I delivered the buyers products via email correspondence. I lost my ability to sell on the site and want to know if I have a cause of action? Also, the buyer is out of state so does the NY long arm statute apply?

Asked on August 30, 2011 New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The best way to try and resolve the claims of a customer that you failed to deliver services or product is to directly contact the customer to try and resolve the dispute. Meaning, directly speak with the customer over the telephone to see what the problem is and provide the customer with hard copy documentation showing what you did from your end.

Potentially the customer failed to actually receive the services/product ordered due to some computer or server glitch.

My experience is that consumers and customers are are very forgiving when the provider makes a concerted effort to rectify the problem and listen to their complaints.

If you can prove that you delivered the buyer's product, that is good. Can you prove that the buyer actually received the product/services? Many problems in this country result from poor communication between people.

The best way to resolve this dispute is to personally call the unhappy customer and see what needs to be done to make him or her content.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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