The buyer is responsible for paying money to the seller, and the seller is responsible for delivering the product to the buyer. The seller subcontracts the shipper to deliver the product. If there is a problem with delivery, that problem is resolved between the seller and the shipper. Many of you are confused by the fact that the seller and the buyer can agree, if they want to, for the buyer to assume the risks of shipping-- that is what happens if the buyer is offered a choice whether or not to insure. If a choice is offered, and the buyer chooses not to pay for insurance, then the buyer has chosen to assume the risk of shiiping; otherwise, the seller must cover the risk of shipping.
In my case, I paid money to the seller. The seller thought the money was so important that he took time to make sure that my check cleared the bank before he shipped the item. However, the seller then decided that the item was not so important that it was worth insuring. (He did not ask me whether or not I wanted insurance. He made that decision himself, without consulting me, based on the fact that he hadn't had any previous problems with the shipper.) When I received the damaged item, the seller claimed his only responsibilty was to deliver the package to the shipper, and nothing else. That is totally wrong. The deal was: money in exchange for a good seat. The deal was not: money in exchange for carrying the package down to the shipper. I paid money; I didn't get the seat I paid for. He got his money, but did not deliver the seat I paid for. This is an extremely simple case of breach of contract.
Imagine if the seller was any store and you are the buyer. Imagine you bought your wife a seat from the store and it arrived damaged. Image you called the store and they told you, "It's not our responsibility, take it up with the shipper." Imaginge you called the shipper and they told you to send the seat back to the store for a refund or exchange, because their obligation is to the seller who, by the way, didn't even bother to insure the package. Imagine you called the seller again, saying you want to return the seat and get your money back, and he told you "I can't accept those terms."
Imagine this has been going on for three months.