Its blackmail because he could've kept the $40 and the merchandise. And if he wanted to he could've asked for another $40 if he wanted. Possibly keeping that too if he wanted... Dirtbags do exist. He was in fact blackmailing him for his items. And it is in fact illegal under some circumstances to keep items that were delivered wrongly to you (See below). If you have a tracking numbers you can prove you shipped those items to that seller via the tracking number and the sale associated with it on eBay.
Contact eBay again even though they likely wont do anything. Point out the sale and the address it was accidentally delivered to and the proof of delivery. It wont get you your items back but at least eBay will be aware of this guy and be able to see this dispute. In any future disputes they'll see that he is actually capable of **bleep**'ness.
If a company sends you an unsolicited gift, it is legal to keep it. This particular law was aimed at companies who would send consumers an unsolicited product and then charge them for it if they didn’t pay or return it.
If a package is delivered to you in error, it is not legal to keep it. It’s your responsibility to notify the shipper or shipping company of the error.
To clarify, if it is unsolicited mail addressed to you and named to you and you keep it legal. (This is your situation)
If it is mis-addressed or mis-delivered with another name on it, it is actually illegal for you to open it, much less keep it.
Considering how hard families have been suffering financially as of late you'd think people would have the decency to realize this and do the right thing to fix such a common mistake. It has happened to many already and it'll happen again. Theres people suffering out there. If this happens to you and you receive a package labeled to you but was done so by accident, then do the right thing and return it (request shipping cost if needed). Put yourself in the sellers shoes so you can see how devastating this might be for an individual or his family. Of course for some ot may not be as big of a deal, but for others it can be them difference between having and not having gas in the car this week.
-
Also I take screen shots of my sales, like buyers name and address, along with the items. So when shipping I have these single screen shots that show the item that was sold and who it was sold to and where it's going. So when the labels are printed I can just look at the screenshots for reference as to which label belongs where.
Edit: Eeeek! I typed too much, sorry, pretty bored over here! Hah! Also have a great day everyone!
