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Eva Oczkus was racing against time when she went to the UPS store in January, and she was eager for the package she hoped to save the lives of her Mexican family.

Her relatives had a terrible time-many of them died of COVID-19 from her dying grandmother. Medical care and supplies are scarce in the area.

A lady in Calgary told Go Public: “It’s really bad. There are resellers that sell oxygen tanks at four to five times the price. People who don’t have money will die because they don’t have this option.”

Oczkus bought something on her own and bought a $2,400 oxygen concentrator for her family, which can remove nitrogen from the surrounding air and convert it into pure oxygen.

In order to ensure that the package was delivered to their family members as soon as possible, and she had no trouble, she worked with the franchise manager of the Calgary UPS store to design more than an hour of detailed information.

Ozkus said she was eager to give the device to her sick grandmother (see here) and other relatives. (Submitted by Eva Oczkus)

But despite this, the package was tied up in Mexico due to lack of licenses required for medical equipment due to the payment of US$1,263 for fast shipping and insurance. UPS later admitted that the license should have been told to her.

She said, but the authorities refused to take responsibility.

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At critical moments, this is a time-consuming bureaucracy. Oczkus’ grandmother died the day the package was sent. Despite this, she is still trying to publish the book for other sick family members (even hiring a customs broker), but to no avail.

The agent told her that if she fully obtained the Mexican license, it might take several months. Oczkus said that if UPS told her, she could have sent money.

Ozkus said: “This is a lot of sleepless nights.” “My grandmother passed away. Everyone is sick. [Meanwhile] UPS did not answer me and is not responsible. This is a very difficult situation. “

I hope she has a good reason to be told about the same important things as the license.

Oczkus said that the owner of the store assured her that everything was covered. After the problem occurred, two UPS customer service representatives told her that it was the store’s responsibility to inform her of any shipping requirements. At the time, the UPS store’s website assured customers that its “transportation experts…will inform you of any restrictions that may cause problems during the transaction.”

Listen | Oczkus and her husband communicate with UPS:

Two UPS representatives admitted to Eva Oczkus and her husband that they should have been notified that the medical equipment they were trying to transport lacked a permit. 0:55

Consumer lawyer Scott Stanley believes that clients often rely on the information they obtain from service agents or the information in marketing materials on the company’s website, which is exactly what they expect-not realizing that a formal agreement can say very different things. statement.

“So whatever the other party says to you at the point of sale, it may not form part of the contract [since] The contract is carefully designed to benefit the company, not the consumer. “Stanley said.

“I don’t think it’s fair. It confuses consumers very much.”

He pointed out a single paragraph on page 53 Terms and conditions UPS Air Services stated that customs clearance is the responsibility of the customer and/or consignee.

UPS Canada, page 18 Terms and conditions The service staff also said that the contract is the last word, and anything the customer is told verbally will not change this.

Consumer lawyer Scott Stanley said that companies should be required to write their terms and conditions in easy-to-understand language. (CBC)

Insult

By the time Okczkus learned that the oxygen generator might never be given to her family, she had already lost more than $3,600, of which $2,400 was used to purchase the device, as well as more than $1,200 in transportation and insurance costs. When she asked UPS to ship it back, an additional $417 was added so that she could return it to the medical supply store.

Insulted, and when it came back, the box and the protective materials inside were damaged.

Although the film was fragile, the packaging was damaged when it was returned to Okczkus by UPS almost a month later. (Submitted by Eva Oczkus)

It is not clear whether the device itself is damaged. But Okczkus said that when she asked for a refund, UPS told her that she only had loss insurance, not loss insurance. Her UPS receipt shows that she has paid for these two items.

After listening to the voice of Go Public, Canada UPS store and Okczkus solved the problem. The company will not disclose details, and Okzkus will not.

UPS Stores Canada (responsible for the franchise location) and UPS Canada (responsible for freight logistics) operate independently.

Both parties refused to answer Go Public’s specific questions about the contract signed by Okczkus, UPS’s online marketing materials or the company’s terms and conditions related to the situation.

Soon after hearing the news from Go Public, UPS Stores Canada contacted Okczkus and expressed its willingness to investigate what happened. (Mike Segal/Reuters)

Consumers lost in the dispute

Attorney Stanley said that when things go wrong, consumers often find themselves at the failing end of the dispute.

“The problem is that in this case, in this case, the written agreement specifically excludes any oral communication. So, in fact, [only] A written contract was left,” he said.

In some cases, oral agreements may be binding-but Stanley said that few customers can take the company to court to prove this.

He said that the language in the formal agreement is often buried and difficult to understand, so he called on the government to require the company to put the most important information in the contract, expressed in easy-to-read printed text and ordinary language (not French).

Watch | Transport bundles to protect oxygen equipment from COVID-19-infected families:

A Calgary woman sent an oxygen device to her family in Mexico, who was infected with COVID-19. But this has never been, UPS didn’t take responsibility until Go Public started asking questions. 2:13

“The actual marketing materials are written in what we call easy-to-understand language, and people can easily understand this. But this is not a real transaction. The real transaction is a contract, and a contract is not a common language.”

The marketing section of the UPS store website initially stated that transportation experts “will” inform customers of any restrictions that may cause problems, after Go Public asked.

This part now speaks of “may” rather than “will.”

Stanley said he believes this change is an effort by the company to limit liability.

Oczkus believes that if she does not contact Go Public, UPS will never investigate her situation. She said that there needs to be a better way to help consumers solve transportation problems.

She said that she is gratified about this ordeal, and she is also relieved that her other family members have recovered from COVID and are receiving vaccinations.

Oczkus spent a happy time with his family in Lyon, Guanajuato, Mexico. (Submitted by Eva Oczkus)

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