Buyer sent back different item

[thingsgirlsluv71]

I sold a Juicy Couture perfume.  The buyer received it and claimed the pump disconnected from the spray mechanism. She sent pictures. 

I asked her to return and sent a label. 

The perfume I got back was a different one from what I sent. 

See, I post photos of serial numbers and labels.  They were completely different from what she sent me. 

She sent me a damaged item she already had.

I called her out on it and I called ebay and sent photos showing the differences. 

I'm also considering filing mail fraud changes. 

What else, if anything, can I do ?

[paperguy200]

You’ll still have to refund her. It’s the eBay way. Sellers get ripped and buyers come up. Even more so if you’re not eBay top rated seller. You would think there would be a grey line but nope. 

[djvp53 · Accepted solution]

I'm sorry this happened to you. I think filing mail fraud charges is exactly the right thing to do. Also complain to the police department where she lives. They may not do anything to investigate your particular case but your report will put them on notice of her criminality and get her on their radar. Good luck.

[chris13]

This would be SCAM #9, the 'Switch fraud'

Return fraud - Wikipedia

Even retail has a heck of a time with this one. Sorry about it happening to you.

[rugerskick]

File the fraud charges.  Make sure you send them to ebay as well.  File with us postal police and your local police, then get the local police where the buyer is involved.  They will ask for case info and you relay your local police case info to them.  Also block the buyer.. Formally report the buyer to ebay as well.

Also in the future if your gut is off about a buyer, block them or cancel the order.  Its usually right.

[stainlessenginecovers]

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@rugerskick wrote:

File the fraud charges.  Make sure you send them to ebay as well.  File with us postal police and your local police, then get the local police where the buyer is involved.  They will ask for case info and you relay your local police case info to them.  Also block the buyer.. Formally report the buyer to ebay as well.

Also in the future if your gut is off about a buyer, block them or cancel the order.  Its usually right.

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As well as 'all the above'....

I would let the customer know that you are doing 'all of the above' as 

a.) you have their address and will be calling the local police for theft

b.) filing with USPS for 'interstate fraud' 

c.) filing with IC3 (FBI fraud dept.) 

and see if they don't 'find a way to pay you back'. 

Other than that; there's not much you can do. Consider it a 'alley way mugging'. 

[fashunu4eeuh]

The first thing i would have done is contact the buyer to alert them that they sent the wrong item. See if they were returning two items from two different eBay sellers. See what they say. This might be one’s only simple recourse at the current time. They should close the return if it was a mistake.

If they do not respond, if it turns out to be a deliberate scam attempt, there is very little you can do on eBay. You’ll still be on the eBay hook to refund. Luckily the item is not a highly expensive one. 

But you don’t have to take it all laying down. You can make a police report in the buyer’s jurisdiction and yours. You can file a mail fraud report as you mentioned at USPS.com to get the Postal Inspectors involved. And make a report to ic3.gov which is the FBI’s Internet Crime Complaint Center. Be sure and get case numbers. (These documents could help you if you decide to sue in Small Claims court, although with the item at $29.99, it is likely not worth such effort.)

When selling on eBay, shrinkage will happen. I use “cookie jar” insurance to deal with losses. I add a few cents to every sale then set that aside to reimburse myself for situations such as these. Luckily have never had to do so. Sorry you did.

Good luck and hope this gets resolved to your benefit. 

[mam98031]

@thingsgirlsluv71 

Did Ebay close the claim in your favor?  This is VERY important as you are not done until that claim gets closed.  Now it is very possible with the evidence you had that Ebay ruled for you and I hope they did, but you need to make sure that claim is closed in YOUR favor.

If Ebay did not do that for you when you were on the phone with them, you could get hit with a refund to your buyer any moment now.  So take a look at that claim as soon as you can and tell us the status.

[date-bait]

 It appears you are sending out fragrances via First Class Mailing. That is against USPS policy regarding hazardous items. From their website:

Perfume containing alcohol may not be shipped internationally or mailed domestically using air transportation. When sent domestically, perfume also cannot be mailed using Express Mail, Priority Mail or First-Class Mail. 

Perfume containing alcohol, however, may be shipped within the United States by ground transportation.

Regarding a mail fraud charge....well, good luck with that when USPS is alerted to your shipping method of potentially hazardous, flammable materials. 

[mam98031]

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@date-bait wrote:

 It appears you are sending out fragrances via First Class Mailing. That is against USPS policy regarding hazardous items. From their website:

Perfume containing alcohol may not be shipped internationally or mailed domestically using air transportation. When sent domestically, perfume also cannot be mailed using Express Mail, Priority Mail or First-Class Mail. 

Perfume containing alcohol, however, may be shipped within the United States by ground transportation.

Regarding a mail fraud charge....well, good luck with that when USPS is alerted to your shipping method of potentially hazardous, flammable materials. 

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Additional information on this.

https://www.shippingschool.com/how-to-ship-perfume-cologne-and-liquid-fragrances/#:~:text=When%20shi....

https://blog.stamps.com/2011/04/04/tips-to-ship-fragrances-through-usps/

[thingsgirlsluv71]

Thank you for your advice. I did have a bad feeling , but ignored it. 

Ebay did refund her though (with my funds lol) 

[thingsgirlsluv71]

What I shipped has no relevance to her committing  fraud. 

I didn't know it was against USPS rules.  It's not illegal.  A swat team isn't gonna bust my door in. 

I'm not concerned. 

[date-bait]

thingsgirlsluv71 writes: It's not illegal.

Actually, it is illegal.

From the USPS Inspection Service information page:

Americans across the United States use the U.S. Mail daily and rely upon the Postal Service to ship numerous types of items for personal and business purposes. However, what people may not know is that certain items and substances should never enter the mail system. These materials are not only considered hazardous but are also illegal to send through the mail. 

 Some common items that you might not think of include flammable aerosol products (spray disinfectants, spray paints, and hairspray), lithium batteries, safety matches, perfume, and cosmetic products such as nail polish and nail polish remover.

When using a Post Office to ship a package, Postal employees will ask if the package contains perfume, aerosols, lithium batteries, mercury and other hazardous materials.  If an incident occurs in which improperly prepared or undeclared items have been intercepted or encountered, legal consequences including criminal charges and/or civil penalties may be sought against the shipper and/or recipient of the package.

[mam98031]

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@date-bait wrote:

thingsgirlsluv71 writes: It's not illegal.

Actually, it is illegal.

From the USPS Inspection Service information page:

Americans across the United States use the U.S. Mail daily and rely upon the Postal Service to ship numerous types of items for personal and business purposes. However, what people may not know is that certain items and substances should never enter the mail system. These materials are not only considered hazardous but are also illegal to send through the mail. 

 Some common items that you might not think of include flammable aerosol products (spray disinfectants, spray paints, and hairspray), lithium batteries, safety matches, perfume, and cosmetic products such as nail polish and nail polish remover.

When using a Post Office to ship a package, Postal employees will ask if the package contains perfume, aerosols, lithium batteries, mercury and other hazardous materials.  If an incident occurs in which improperly prepared or undeclared items have been intercepted or encountered, legal consequences including criminal charges and/or civil penalties may be sought against the shipper and/or recipient of the package.

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Just to add to this information.  Returning a different item than was order is not only illegal, it is a FEDERAL crime when USPS is used to perpetrate the crime.

[free.deal]

OP may check the discussion in this post. Some comment even suggests to tell the scammer that you will report them to the IRS and their state taxation agency for them failing to declare their ebay thefts as income. 

Sellers: be firm and use proper legal language if ... - The eBay Community