Accidently sent the wrong item to a buyer, he refuses to send it back but wants correct item.

[usgamecollector]

I accidently sent the wrong item to a buyer, he wants the correct item, but he is refusing to return the wrong item. I told him I can not send the correct item without the wrong one back and I even offered to send him a prepaid return label but he still refuses and says he should be able to keep the item because I made the mistake. He says it is too much effort to return it (all he has to do is put it in his mailbox?)

I could just not send him the correct item, but the problem is that the item he received is worth 10X more than the item he purchased. Is there anything I can do or am I out the item?

[the*dog*ate*my*tablecloth]

You're out the item. There's no way to force him to return it, even though the rules say he should. I wouldn't send him the correct one though.

[18704d]

If he doesn't file a Not As Described return

he can't force you to send the proper item.

All he can do in a NAD return

is get refunded when the 'item' is returned to you.

jmtcw,

Lynn

[chrysylys]

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@usgamecollector wrote:

 send him a prepaid return label

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Do that.

[baantiques]

You have all the power in this situation.

Tell them to return the item for a refund by opening a return request with ebay.

If they do, accept the return, refund their money.  Done.

If they don't file, block them and move on.

They may leave a negative feedback, but so what.  Feedback doesn't mean anything these days.

[d-k_treasures]

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@baantiques wrote:

You have all the power in this situation.

Tell them to return the item for a refund by opening a return request with ebay.

If they do, accept the return, refund their money.  Done.

If they don't file, block them and move on.

They may leave a negative feedback, but so what.  Feedback doesn't mean anything these days.

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What power? The OP mis-sent an item, and it's 10 times the value of the one the buyer bought. They aren't going to return it - they already said that.

So unless they file SNAD, and send back something different, the OP is out that item. Even if they send back something different, since it was a mis-shipment, I doubt it would even be mail fraud, since the seller can't really prove what he sent because the listing was for something else.

[fern*wood]

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@baantiques wrote:

You have all the power in this situation.

Tell them to return the item for a refund by opening a return request with ebay.

If they do, accept the return, refund their money.  Done.

If they don't file, block them and move on.

They may leave a negative feedback, but so what.  Feedback doesn't mean anything these days.

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I don't think I'd feel like I had all that much power if I sent an item worth 10x more than the correct item and they don't want to return it. 

[duggmills]

I had a similar situation on a $200.00 part.

I issued the buyer $20.00 refund from my PayPal account  in addition to the shipping cost to encourage him to send it back. When he agreed, I sent the correct part - another $200.00 item with free shipping.

He could have kept the wrong part and the $20 but that wrong part wasn't right for his aircraft. Sure he could have sold it, but he shipped it back. My customers are darn good people who make eBay worthwhile. Not everyone is this fortunate.

How much money is involved? Is the wrong item worth much more?  Offer the bleeping bleep  $20  and a return label to cover his oh-so valuable time. Also file a complaint with eBay to have some accumulated documentation of the situation. Although we pretty much know what eBay isn't going to do to help you.

[baantiques]

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wrote:

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@baantiques wrote:

You have all the power in this situation.

Tell them to return the item for a refund by opening a return request with ebay.

If they do, accept the return, refund their money.  Done.

If they don't file, block them and move on.

They may leave a negative feedback, but so what.  Feedback doesn't mean anything these days.

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What power? The OP mis-sent an item, and it's 10 times the value of the one the buyer bought. They aren't going to return it - they already said that.

So unless they file SNAD, and send back something different, the OP is out that item. Even if they send back something different, since it was a mis-shipment, I doubt it would even be mail fraud, since the seller can't really prove what he sent because the listing was for something else.

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Yes, the seller as all the power in the situation as far as Ebay is concerned.  There is nothing within the system the buyer can do to compel the seller to send the other item.

The item is not as described because the seller sent the wrong one.  The only recourse the buyer has is to file not as described.  If they want to keep it, they won't do that, because then they will have to return it.  The seller is probably out the item they sent - and they should consider that to be this month's stupid tax, and be more careful next time.

The way I would handle it is tell the buyer I'd be happy to send the correct item, just return the other one via the return process first.  If it was worth a lot, I'd even pay for the label. 

I'd probably end up with a neg, but so what.

[emerald40]

You may not get your original product back, but no need to compound it by sending the buyer a freebie.

Simply state - Please return the item that was originally sent to you.  Upon receipt I will immediately put the replacement item in the mail to you.

Rinse and repeat.

If he leaves you a negative - simply respond - Refuses to return the original item.

[castlemagicmemories]

Sorry this happened to you, OP, given that the item you sent is worth ten times the one the buyer bought.  But you can't make him return that item, you can only hope he does when you get him to open a case.  

I just hope that this is not an expensive lesson for you.  Many buyers will help you out when this happens, but you didn't get one of those.

[klassic*kids]

@usgamecollector  Sorry you are in this situation.  You've gotten some good advice.  Remember to block this person -- like now.  Keep us updated.

[takikawa4]

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wrote:

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Yes, the seller as all the power in the situation as far as Ebay is concerned.  There is nothing within the system the buyer can do to compel the seller to send the other item.

The item is not as described because the seller sent the wrong one.  The only recourse the buyer has is to file not as described.  If they want to keep it, they won't do that, because then they will have to return it.  The seller is probably out the item they sent - and they should consider that to be this month's stupid tax, and be more careful next time.

The way I would handle it is tell the buyer I'd be happy to send the correct item, just return the other one via the return process first.  If it was worth a lot, I'd even pay for the label. 

I'd probably end up with a neg, but so what.

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The seller doesn't have all the power. Since the buyer has already said he won't return it,

[ersatz_sobriquet]

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wrote:

I accidently sent the wrong item to a buyer, he wants the correct item, but he is refusing to return the wrong item. I told him I can not send the correct item without the wrong one back and I even offered to send him a prepaid return label but he still refuses and says he should be able to keep the item because I made the mistake. He says it is too much effort to return it (all he has to do is put it in his mailbox?)

I could just not send him the correct item, but the problem is that the item he received is worth 10X more than the item he purchased. Is there anything I can do or am I out the item?

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Bummer. 

He's lying. It's obviously not too much effort to return it. 

I would put the pressure on him for the return. 

[fashunu4eeuh]

Whew, i’m sensing my post will be an unpopular point of view, but here goes:

Sending an unsolicited item through the mail is considered a gift.

This was, straight-up, a seller error and it’s up to the seller to keep the terms of the sale, and send the contractual item. The cost of the mistake is the seller’s alone and has no bearing on his/her responsibility to resolve the transaction. Buyer is asking for the item he was promised. Sellers are expected to ship the item represented in the listing. 

It is an unfortunate and costly circumstance, but it is not one of the buyer’s making. While i believe he has a moral obligation to return the wrong item, there is no legal imperative for him to do so. Thus I would ship the correct item, mourn the mistake, learn from it, and move on.