Lost Mail Item? Who is Liable?

Prior to winning the Clinique contest. I was extremely disappointed due to an unpleasant transaction I had with an online seller. I had purchased a M.A.C shadestick through her website earlier last week and have yet to receive the item. On the very day that I ordered the item, I had ordered it with another product - a M.A.C lipstick. I received the lipstick promptly. However, the shadestick was not present. Wouldn't a seller mail out both items together to save on shipping cost? I then mailed her to enquire and she claimed that there was a mix up. She promised to mail it out the following day but till today, it has still not reached my mailbox. From past experience in online transactions, I have never had a missing item AND never had my mail delayed before.


With the mix-up and lost delivery, I started to have my doubts. Am I that unlucky to have 2 straight mishaps with the same person within a a period of 4 days? I have a feeling that:

1. She had mailed the item out to the wrong person because it was a huge spree (and wouldn't own up) OR
2. She had written the wrong address

My question here would be, who is liable when such a scenario happens?

She for one, blames it on the postal service -which hasn't given me or anyone around me a problem. Knowing that a refund might only be 50% possible(she could be scamming me for all I know. Seriously, who would own up to a wrong posting mistake. Wouldn't that tarnish her reputation and make her lose even more money? - Cost of both the product and payment of the buyer) I went to CASE, Small Claims and the Magistrate Law to ENQUIRE for further details just in case. I wouldn't deny that such actions are intimidating BUT I personally find that there is nothing wrong in safeguarding oneself. Till this moment, I am still having doubts about her as she has fabricated a whole story about me going to Small Claims. (This has led everyone to think that I have gone ahead with the claim.) There is a possibility that she wants sympathy from her blog readers. Who knows? I'm being called a 'scammer' and that would definitely make her feel good. Should a person find fault for enquiring given the fact that laws over the world are different? I was told by many friends to get a refund thus, I enquired to substantiate that such actions were allowed.

Through Buying and Selling online ( I have always used Ebay due to precautionary measures, and have never had a problem. Sellers had always sent me their postage slip and emailed me to enquire if I had received the item) As it was my first time in a BLOGSHOP. I had no clue on how such shops work. The seller for one DID NOT post me any mailing options. I was merely given a one liner - "the item is yours, transfer the cash to xxxxxxxxxxx account.)

A way of verifying shipment in Singapore would be to head down to the nearest post office and ship out their items. (That 20cents slip would safeguard sellers from being called 'scammers'. ) When i enquired with my friends who own blogshops, ALL of them told me that they utilize this particular method.) My seller was different. She claimed that she had dropped it off at a post-box.

Therefore,

There is no insuranace AND proof of postage.

As a buyer, how would you feel if you have had 2 mishaps with a seller and no verification of postage? Might I add, I have just come to realise that it is definitely different in Singapore as compared to the U.S. Buyers in the U.S have their items insured by the seller and refunds would be made if items are not delivered. In Singapore, the buyer bears all responsibility and it is a 'norm' that buyers should know that registered mail ensures delivery. Would you say that it's fair if it so happens that the Seller posted the item out to the wrong person or had made a mistake in the address? Are buyers liable for their mistake?

Sidenote: It is possible to take action in Singapore according to the magistrate law office. They would advise you to head towards Small Claims to settle the case.

CASE only deals with corporations and not freelance businesses (I doubt most of you know that thus, don't say that I'm wrong in doing my homework. When one enquires, one would learn how things work. Be it business law or company issues. )

In freelance businesses (or private transactions), the terms and agreements have to be made clear between buyer and seller. The seller has to state the above mentioned to the buyer and not presume that he/she knows how such transactions work (whether or not it is stated as a 'norm' in sprees/blogshops). As a buyer, I made a mistake by not enquiring but trusting.