DVD Empire shipped a DVD to me (in Seattle) via USPS Priority Mail on 1/11 but as of 1/23 I haven't received it. But today I did receive an order placed 1/19 and shipped 1/21. I emailed their customer service about a possible track and here was their reply:

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Thank you for your recent e-mail. The shipping method you have chosen is USPS Priority Mail. I have verified that this order was shipped on [01/]. This domestic shipping method is uninsured and delivery is not guaranteed. The expected delivery time is between 2 to 6 business days, however, it can take longer if the package has been misrouted or held up for some other reason. Unfortunately, there is no way to track this package. We will notify you if your package gets returned back to us.
It is still very possible that you will receive this package. There have been occasions where the package has taken 4 weeks to arrive using this shipping method.
I apologize for any inconvenience the delay in shipping has caused you. I certainly hope you receive your order soon. If I can be of any further assistance, please e-mail me directly.
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Not much help I'd say - pretty much my tough luck. Real encouragement to do further business with them! I've bought scores of DVDs from them without a problem but I find their reply a bit discouraging from a service perspective.

Any thoughts on what next if I don't receive the DVD? Contact my credit card company and lodge a charge challenge?

Dave Sparks

That's what I would do.

Hmmm, I'm in a similar situation but I received a slightly different response.

DVD Empire Wrote:

Thanks for the e-mail. I can confirm that your order was shipped out via USPS Media Mail. Please be advised that we can't consider packages lost until 4 weeks from the shipping date have passed. I don't think it'll take that long, but if for some reason it hasn't arrived by then, please contact us again.

Have a nice day!!

I apologize for any inconvenience this may have caused.

Please let me know if I can be of any further assistance.



Sounds to me that I can at least contact them again after the 4 weeks is up (about 1 1/2 from now). If I run into any trouble after that I'll contest the charge.

Absolutely. For a retailer to say that "delivery isn't guaranteed" on a package is simply unacceptable. You ordered and paid for the item, it's their job to get it to you. It's not even like you chose the cheapest shipping method... you picked Priority Mail.

As far as your credit card company is concerned, you paid for merchandise that was not received. You should be able to get your money back promptly.

Since it shipped Priority Mail there will be a tracking # for it. Have you taken that number and tracked it at the USPS website? If so, does it say delivered? If it does, contact the USPS about it immediately.

If it says anything else, contact the merchant again about it, and demand they mark it as lost. If there is no tracking # associated with it, or the tracking does not show it being picked up, I would bet that it's sitting in their shipping dept and was never sent out. That happens quite a bit with retailers.

Priority Mail does not include a tracking number by default. That's an additional service that can be added to Priority packages.

You've only got one or two choices...

1. Contact your CC and dispute the charge. There is usually a time frame so you might want to contact your CC to find out what it is for them, etc... If it's 60 days, wait the 4 weeks and contact DVD Empire again. If they continue with the "delivery is not guaranteed" responce, then dispute the charge.

2. Call DVD Empire and request to speak to a supervisor. Explain how you are unhappy with the reply you got in email and ask for that supervisor to look into the situtation.

I've had lost shipments from Buy.com and Amazon and they normally make good on the deal. However, I've never bought from DVD Empire so I don't know how they are.

Good Luck!

Yes it's quite simple if you haven't received then you don't pay

It's a bad situation, but "delivery not guaranteed" is certainly acceptable if you choose Priority or Media Mail. There simply isn't a way to track using these shipping methods which is why DVD Empire offers 2 Day and Overnight. It would be nice if they'd offer Certified or something of that nature, but they don't. I say give it some more time and see what happens. It's really in the post office's hands now.

I followed up with them and received this reply:


Yes, we will gladly look into this order once the waiting policy period is up.

This shipped 10 days ago. Only after 4 weeks does USPS consider this lost.

At that time we will look into it for you though.

This policy is also explained on the site.

Happenned with me an Amazon and a $7 CD single. They wouldn't refund it even though I told them I never got it, so I am boycotting them for a year. It won't hurt their bottom line any, but they won't get my business until the summer. I didn't want to hassle myself and the credit card company over seven bucks.

I have had packages lost in the mail sent Priority by DVD Empire, and they did send me a new disc. I didn't complain until after a month, however.

The bottom line is this: you paid for a product. If it's not in your hands, why should you pay for it? How do you know they sent it in the first place and aren't don't have a bug in their shipping software or are deliberately not shipping packages in order to boost their bottom line?

They'll make good, don't worry...especially if you get the CC company involved.