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Seller REFUSES to return wrong item sent back

Hello there. Long time eBayer but first time doing this. Looking for some help/suggestions. I recently purchased some earbuds from a "reputable" seller and didn't care for the sound quality. Contacted the seller via eBay messenger to return them (probably my 1st mistake). Seller offered a partial refund (way below original price). I rejected as I just wanted to return the item and get refunded (getting tired of "partial" refunds and keeping items that I really don't want; Amazon sellers are good for this). Seller provided address (note - seller is China based but has US addresses). Packaged their item up in a box (this is important). At the same time, needed to return another item to a non-eBay seller. Packaged their item up in a large white envelope. Applied the labels and shipped out via usps. Sent tracking info to both.

 

Well...it seems that I applied the wrong label to the wrong package (was rushing to make the post office). The non-eBay seller sent me pictures of the box and the item when they received "their" package. The eBay seller received "their" package and just refunded me.  I reached out to the eBay seller to point this out and ask that they send it back to me or ship it to the non-eBay seller since they were both in the same state (postage would be paid by me). I have had nothing but a run around by the eBay seller and eBay isn't much help. The seller stated that they received the item; then they had to have warehouse check package; then claimed that they received the right thing (I sent them the pics of what the other seller sent me at this point to let them know that they are mistaken); again, they stated that they received the item and refunded me; and the last communication (which is quite funny imo); they told me that I can KEEP the item (the earbuds that the other seller is willing to send to them to GET their item back). Basically, they just "admitted" that they don't have the right item and intend to keep the wrong item!

 

As I have been updating the non-eBay seller, I sent them the mailing info and phone number of the eBay seller (they are also China based with a US address), in hopes that they can appeal to them. I, on the otherhand, am considering legal action. I can't get refunded by the other seller until they get their item, which costs more than the stupid earbuds!

 

When I reported this to eBay, the customer service rep told me that they have to wait until the seller contacts them (which they claim they always do) before they can do anything. Since I've accepted the refund (which I will gladly give back to get the other item back and then fight again; don't hate me for that please!), that transaction is pretty much closed. I just need to get that other item back.

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Seller REFUSES to return wrong item sent back

Anonymous
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@divas99 wrote:

Contacted the seller via eBay messenger to return them (probably my 1st mistake).


The way you contact your seller is by pressing the blue "return this item" button.

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Seller REFUSES to return wrong item sent back

@divas99,

You can avoid many issues by checking feedback profile pages and not going by feedback percentages or ebay's blurb; "Most reputable..." or Top Rated status.   Especially, those sellers registered in China.

 

Unfortunately, mixing up the labels may cost you.  You've pointed out that both are registered in China, but have a U.S. location in the same state, Ca.?  You cannot demand that a seller forward a package that was mislabeled unless you are willing to pay the shipping. That is on you not them.

"THERE IS NO SUCH THING AS FOOLPROOF, BECAUSE FOOLS ARE SO DARNED INGENIOUS!" (unknown)
Message 3 of 11
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Seller REFUSES to return wrong item sent back

If you send back the wrong items, there is nothing that eBay can/will do for you, or anyone else. 

 

Nobody can 'force' anyone to 'ship something back to you'. 

 

Curious, what type of 'legal action' do you think you can possibly take, and for what? 

Message 4 of 11
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Seller REFUSES to return wrong item sent back

So to recap, you sent back the wrong items, expect the respective sellers to jump through hoops to correct your mistake, and plan to take legal action against a Chinese seller if they don't jump through said hoops. 

 

Sorry, but the mistake was yours. In eBay's eyes the seller's only obligation was to refund you. Since they did that eBay considers the matter closed. All you can do is take this as a lesson to be more careful when affixing mailing labels in the future.

Message 5 of 11
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Seller REFUSES to return wrong item sent back

I have every intention of paying for the shipping. I did mention that. Please re-read. And, no, I don't expect anyone to "jump through hoops". What I was and still would like to see happen is for the wrong items to be returned to the rightful parties with ME paying for the postage. The non-eBay seller is willing to send the item back to either me or them this way.

 

Thank you for pointing out the obvious of "lesson learned".  I chose not to write every little detail out as that would have literally been 2-3 pages. 

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Seller REFUSES to return wrong item sent back

Yes, they both have addresses in CA. I ALWAYS check their feedback; both good, neutral and negative. They only had 11 negatives in one year versus the positives.

 

As I mentioned to someone else, I did offer to pay for the shipping. Either back to me to or between the vendors (since they both have addresses in CA). I only pointed out the main points and not all of the little detsils as it would have been a much longer post (2-3 pgs off line).

 

I am still going to pursue this with the eBay seller since they "lied" that they received the earbuds then told me to keep them. No one noticed that?

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Seller REFUSES to return wrong item sent back

Well...the eBay rep that I was "chatting" with gave a different answer. Just saying...

 

I am well aware of that. As I've mentioned in my post and to others, I would be paying for shipping either to me or between the two vendors. No money would be put forth for either of them. I do believe at this point that I am well aware of my mistake. Just hoping to clear this up amicably.

 

As for legal action, in a preliminary look up, mail fraud and theft. I can probably get more info if I ask one of the lawyers at my job. eBay seller keeps claiming that they received the item, then tells me in the most recent email that I can keep it. No one finds that strange?

Message 8 of 11
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Seller REFUSES to return wrong item sent back

You seem to think that you paying for return postage makes the process simple. What you fail to take into account is that the eBay seller obviously has their goods warehoused in a large California facility. So this isn't a matter of walking to the dining room table and picking up a package. It's dealing with a return department that may get dozens, if not hundreds, of packages a day and paying an employee to go through them all to find yours, then paying an employee to package it up and resend it. Are you also willing to compensate the seller for those expenses?

 

As for any legal action you could take, it's honestly just laughable. You sent the item to them, so not sure how you could claim that as theft. But even if we go with the assumption that you have a legal cause of action, how are you planning to sue a Chinese national? 

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Seller REFUSES to return wrong item sent back


@divas99 wrote:

I just need to get that other item back.


That's not going to happen.

 

That you got one seller to refund you at all when you opted yourself out of the MBG is miraculous enough that you should just quit while you are lightyears ahead.

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Seller REFUSES to return wrong item sent back


@divas99 wrote:

 

As for legal action, in a preliminary look up, mail fraud and theft. I can probably get more info if I ask one of the lawyers at my job. eBay seller keeps claiming that they received the item, then tells me in the most recent email that I can keep it. No one finds that strange?


Are you serious?!?!? It's not mail fraud and theft when YOU sent them the item! 

This is YOUR mistake.

 

Are you aware that when someone receives an unordered item, it's considered a gift and they aren't obligated to pay for it or return it? 

 


@divas99 wrote:

Well...the eBay rep that I was "chatting" with gave a different answer. Just saying...


Overseas ebay are notorious for telling you what you want to hear. Accuracy is not a word they care about! 

albertabrightalberta
Volunteer Community Mentor

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