i packed and shipped th wrong item and customer wont return
i packed and shipped th wrong item and customer wont return now, he said he is just going to keep it, its a 500 dollar guitar he ordered a 100 dollar guitar
63 comments
i packed and shipped th wrong item and customer wont return now, he said he is just going to keep it, its a 500 dollar guitar he ordered a 100 dollar guitar
farmalljr
·11 months ago{Yawn}
Some people are incapable of having a discussion. When you start out citing false cases and trying to make that your "moral basis" without even understanding case law and how it applies, there isn't any debating.
Look, you seem to believe you are a wizard self taught lawyer. Anyone who has life experince can see through your game.. At this point I'm tired of your self righteous attitude and I'm done with you. I don't care why you fall short of understanding, not my problem.
estate_echoes
·11 months ago"Some people are incapable of having a discussion"
As you run away after being called out for so many false claims and errors....
I
reallynicestamps
·11 months agoYour loss , which was your responsibility, is also a tax deductible business expense.
So there's that.
mommaknows
·11 months agoI am so very sorry. This is a very hard lesson and a reminder to all sellers to be present while packing to ship. I truly am sorry.
theanswerreturns
·11 months agoMy luck would be I'd buy the $500 guitar and get sent the $100... and never get the $500 guitar because it was sent to that guy who won the $100 one. Usually how it works out.
kyndra06
·11 months agoTotally on you for shipping the wrong item. It's happened to a lot of us. Luckily for me it was on some jeans so not a super high dollar item. I realized the day after I shipped that I sent the wrong pair when I was pulling orders and saw the "right" pair still in my inventory. I messaged the buyer right away and advised them of my mistake. They had not even received them yet. Told them to keep the wrong pair and I sent the correct pair at my expense (for shipping) and apologized for the mix-up. I lost money but my customer was satisfied....lesson learned.
Bottom line is it was your mistake. The buyer purchased an item and it was on you to ship the correct item. He/She is under no obligation to correct your mistake. We like to hope that people are honest and will work with us but that is not the world we live in most of the time. You are running a business and any/all issues fall on you as a seller. Same as if you would have a B&M store.
pickapaper
·11 months agoDoes a $100 guitar and a $500 guitar look anything alike? I'm asking because I don't know anything about guitars.
hartungcards
·11 months agoThe $500 guitar says "Gibson" on the headstock, and the $100 guitar says "Gipson" on the headstock. It's a common mistake.
bennotbill
·11 months agoMaybe I look at things too simplistically.
Taking or keeping something not rightfully yours - a crook
jonathanbrightlight
·11 months agoIf it’s sent through the mail to you with your name and address on it, it’s legally yours.
bennotbill
·11 months agoLegally yours against rightfully yours.
In the end a decision for the individual to make.
I made mine without the involvement of any apples and oranges. Never got that saying. The difference between a fruit and a fruit.
hartungcards
·11 months agoAn apple is a pome fruit, an orange is a citrus fruit.
estate_echoes
·11 months agoReceiving something in the mail with your name on it obviously does not make something legally yours. It just rules out theft in this case as the item was not obtained illegally.
hartungcards
·11 months ago"Receiving something in the mail with your name on it obviously does not make something legally yours."
Yes, it does.
estate_echoes
·11 months ago@hartungcards Even if one is completely lacking common sense... one can spend roughly 30 seconds of research to figure out it's not.
If I rent a piece of medical equipment and have it mailed to me... it is obviously not legally mine.. right?
farmalljr
·11 months agoIt IS legally the receiver's. There is NO legal foundation to say otherwise.
estate_echoes
·11 months ago@farmalljr Because you say so?
Sure seems like unjust enrichment to me...
Perhaps you are misinterpreting a particular law?
farmalljr
·11 months agoBecause YOU say so? I think not. You are not a lawyer, so stop acting like you are one. There is absolutely NOTHING the seller can do at this point. End of story. Seller screwed up and the buyer got the benefit. You can pout about that all you want, nothing changes. It's the seller's job to be accurate. It's the seller's job to pack and send the right item. The seller sent a better item than the buyer paid for. The buyer was happy with the transaction. They did in fact get "more" then they paid for, because the seller GIFTED it.
This makes as much sense, as if you would say " The seller made a mistake, so they should be allowed to bill the buyer for the difference". That's not legal either.
Good luck on your bar exam.
estate_echoes
·11 months ago@farmalljr I did not say I was a lawyer nor did I act like one.
You said there is no legal foundation. Unjust enrichment is a legal foundation.
Obviously it's not true that the seller can do nothing.
Seller can make a formal demand and request the wrong item back, offering to pay shipping and handling, and send the correct item. If the buyer refuses they can file a small claim, usually $20 bucks and a single sheet that takes a few minutes to fill out. I'd put a preference for mediation and return of guitar, attach a copy original receipt, formal demand, ebay messages etc. When the buyer gets the court appearance notice it's probably is going to have an effect.
A mistake is not a gift.
" The seller made a mistake, so they should be allowed to bill the buyer for the difference"...Is not the same as the seller paying for the return of the wrong item and sending the correct item.
Only one person here is pouting.
toomuchstuffagain35
·11 months agoLegally and morally can be 2 different things.
Or as my law professor said to me a long long time ago now, "You are confusing justice with the letter of the law".
bgt_masters_of_tiki_d
·11 months agoI think if you started cashing checks accidentally sent to you in the mail by the government (even if in your name) they would disagree and force you to pay back the money.
estate_echoes
·11 months agoMillions of dollars wired by mistake.... obviously, you don't get to keep it. It's not a "gift" as some here would like you to think.
Citigroup wins appeal over mistaken Revlon wire transfer | Reuters
44012
·11 months ago@badasssincebirth
make sure you see the message from toysaver to make sure you take down the other listing for the more expensive guitar that you accidently just sent out......you don't want to sell it and not have it.....that will really ruin your day further.
I am sorry this happened to you. It does happen and usually doesn't happen twice.
todaysstyle
·11 months agoThe mistake is yours. The loss of funds is yours. If I mistakenly ship an item to a buyer (example: I mixed up the label on two packages when getting them ready to ship, the two buyers received each others order) I do let the buyer keep that product AND I send them the correct product as well. I do not ask for the original item to be returned as it was my mistake, my loss. It is just part of the business. We all are going to make mistakes as none of us are perfect (especially me ðŸ˜) It is easy to make a mistake when getting orders out. We just have to understand that doing online business mistakes will happen. I feel bad for you losing an expensive item but you made the mistake not the buyer. If the buyer says no they are keeping the item there is really nothing to do but to let them keep the item.
estate_echoes
·11 months agoI have switched up labels a couple times with one of a kind items. I do a full refund and ask the buyers to remail it to each other. I make sure the shipping cost is covered with plenty left over for their time and hassle. Usually the buyers say a refund is not necessary.
Most people are willing to help and are understanding, especially if you take full responsibility for the error.
jewelbiz
·11 months agoI learned very early in business that there is profit and loss.
It’s not a nice thing but we all, everyone, experiences losses sometimes.
Best advice is always just move on!
mantle1951
·11 months agoWow what a screwup good luck.
farmalljr
·11 months agoThat was nice of you to upgrade his purchase.
Don't see how you could have made that mistake. I have a fairly large guitar collection, and I know for a fact I could not make that kind of "oopsie".
I just picked up a RoadRunner tweed case at the pawn shop. The cocky counter guy acted like he was an expert in gear, but priced the case in minty condition for under 50 bucks. I couldn't hand him the money fast enough. Had the keys in the case too.
You just learned an expensive lesson. Slow down and pay attention or it might cost you, as you have found out.
rockyroadtradingpost
·11 months agoI feel like it's not so off base for someone to make that mistake, especially when some items are pre-packaged.
momtoabeautifuldaughter
·11 months agoSorry to tell you but they don't have to return it...
simba6
·11 months agoBummer. Other than small clams court there is nothing you can do.
While buyers can file an item not as described case and get a refund, there is no such case for sellers. there is no I send the wrong item and want it back case they can file.
hartungcards
·11 months agoI went to a restaurant once and ordered Mediterranean-style steamed clams, but got steamed clams with white wine and garlic. I took them to small clams court and won.
albertabrightalberta
·11 months agoLOL! I love your sense of humor!
2010byandsel100
·11 months agotook me a second...
redlinear
·11 months agoLOL
You were just flexing your mussels
chases_card_shop
·11 months agoHe can't take him to small claims court over this.
toysaver
·11 months agoIn most states he can file a court case but the chances of winning or there being any legal precedence is nil.
dolcetreasures
·11 months agoMake sure you keep track of your expenses and losses. Deduct it at tax time as a loss. Not much else you can do. When you sell an item, match up the listing with the item visually every time. Pack and label one item at a time.
redlinear
·11 months agoThat stinks. Bet ya won't do that again
orangehound
·11 months agoNot completely sure, but I believe that there are consumer protection regulations (or laws) that in cases of a recipient getting an item that they did not order, then they have the right to keep the item.
(In cases where they paid for an item and got the wrong item, then these protection regulations do not ALSO entitle them to a refund if they should keep it).
bennotbill
·11 months agoI was on the receiving end of a similar shipping mistake. In my case I received a guitar instead of a phone charger. I didn't think it was a big deal to pack it back up and send it on after the seller sent me the requested postal money.
Unfortunately for you your buyer is just a crook.
powell-collectibles
·11 months agoI wouldn’t call the buyer a crook – it’s a completely unfair assessment, in my opinion.
We really don’t know the whole story – likely OP does not either. Maybe the buyer purchase this item as a gift. perhaps too late to go looking for another guitar, so this is the guitar that the buyer needs.
and, who knows how the OP framed it to the buyer. If the OP just said to return it, without any sort of deal to first send the right guitar, or refund the whole purchase, I wouldn’t do it as the buyer.
bennotbill
·11 months agoSeems pretty fair to me. I can easily imagine that very same buyer walking down the street, see some women drop her purse unnoticed, pick it up and think I have it now it's mine.
msha3839
·11 months agoHopefully you never called for jury duty..generally preconceived opinion is a sign of…🙈🙉
farmalljr
·11 months agoApples and oranges.
The buyer didn't pick up anything, the seller sent it. It would be like the woman walking up to the guy on the street and saying "here you can have this" and walking away.
hartungcards
·11 months agoOr like the woman saying, "here you can have this" and then saying, "can I have it back now?"
toysaver
·11 months agoIf you haven't already, make sure you end the listing for the more expensive guitar and relist the cheap one so you don't get in more trouble. It may hurt less if you realize you're only out the wholesale value of the expensive guitar minus what was paid.
luckythewinner
·11 months agoYou just paid $400 in tuition to the school of hard knocks.
asset_liquidators
·11 months agoIt was a guitar so I think it may have been the school of hard "rocks".ðŸ˜
vintage-camerastuff
·11 months agoNo reason for the customer to return it. You can't make him. Chalk it up as your mistake and move on. Be more careful the next time. We've all been there and done that.
monroe67
·11 months ago"We've all been there and done that."
My selling ID has never done that. She is a little obsessive-compulsive.
klhmdg
·11 months agoNot anything anyone can do.
You shipped it and the buyer got a gift from you.
duffy4444
·11 months agoSorry, but this one's on you because it was your error.
Cheers, Duffy