Buyer wont return a wrong item that was sent

[pzdamus]

Hi Everybody,

I am a very infrequent seller on ebay and recently had a buyer who i sent a wrong item to.  AFter being notified of the wrong item being sent, I sent out the correct item without requesting a return request. I didnt know that return requests had to be initiated before the correct item could be sent.  Buyer has since got MIA since receiving the correct item.  Because i didnt have the buyer enter a return request ebay has said that they cannot do anything to assist me.  Mulitiple calls to ebay support and emails to the buyer have resulted in nothing but stress and frustration because i feel that ebay should be doing more for me then basically telling to enter a IC3/FBI claim.  The shipping labels clearly show 2 packages being sent out from me and the ebay messages clearly show that the buyer disappeared after receiving the item. 

I would love to hear back from anyone who could provide any additional information or suggestions.  I feel that the buyer is protected with multiple levels but the seller has to depend on specific scenarios for them to be protected.  I was told my mistake was that i didnt wait for the return to arrive before sending out the correct item.  Because i have never had this situation arise in the past, i sent it out thinking that ebay would clearly see that i sent 2 items out and protect me, at the very least, by charging the buyer for multiple purchases. 

Thanks in advance for the advice and suggestions

-RK

[pzdamus]

Haha...I totally saw the same thing.  Crazy thing is the person and place I shipped it to, wasn’t the person who I spoke to via eBay message nor the address that I sent it to.  Shipped to NJ and it ended up in a P.O. Box in Nantucket.  Basically I don’t even know what to look for when looking for the possible listing.   And from what I’m being told on here, it’s basically his item to sell so I think I’m out of luck either way

[castlemagicmemories]

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@pzdamus wrote:

Thanks so much for all the information guys, I really do appreciate it.  

I knew i should have just stayed off of eBay 😔

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No, it's not that you should have stayed off Ebay.  You just needed to be careful and send the right thing to the right person, and you needed to know how Ebay works.  Many people sell here with no problems.  Don't blame Ebay and the buyer here~had you sent the right item, none of this would have happened.  I am not saying that to be harsh to you, I am sorry you lost your item and it was expensive.  I get it.  But blaming everyone else when it is not their fault won't make this better or make it go away.  

[auctionpet]

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@pzdamus wrote:

I did not send him a label.  He basically diappeared after he received the correct item.  I have sent return instructions on how to generate the label himself but not send him the label.  I have been reaching out to him for the past 2 weeks and have gotten absolutely no response.  My responses went from cordial and polite to finally saying i filed the IC3 claim. 

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So you sent the buyer the wrong item and instead of then sending them a prepaid return label, you simply sent them instructions on how to generate their own which would obviously be at their cost. As a buyer, I'd see that to be pretty nervy. Of course, they're going to ignore you. You made the shipping error and then want them to be out monies to return your item.

You should have waited for them to file a not as dsecribed claim. Then replied by supplying the return shipping label. Apologized for the error and refunded their monies upon return. After this, you could inform the buyer you'd be relisting the original item they would be welcome to repurchase, I'd have also offered them a slight discount for the inconvenience of this ordeal. Had you done this, the only thing you'd be out would be shipping cost.

Instead, you demanded they return the item you sent in error without even waiting to hear from them and with no indication that you'd pay for return shipping. Then you threaten them with IC3 filing.  This doesn't make for a pleasant ebay buying experience and only puts a buyer on the defense. 

Most long time sellers have made mistakes. Years ago I sent out a wrong color item by mistake, immediately noticed the error and asked the buyer to refuse the package unopened writing 'return to sender'. I immediately sent the correct item, buyer ignored me and didn't send back the first one. I had zero monies into the item of only $12, so I was willing to take the risk. I'd have waited for a claim to be opened if it was an expensive item.

It's a shame you didn't come to the boards before you made the decisions you did. I'm sorry this happened.

[pzdamus]

I totally understand....didnt mean to come off as blaming ebay or the buyer at all.  I know it was 100% my mistake.  What is frustrating in all of this, are the differing information i am receiving from ebay.  One day I speak with a representative who tells me that there is nothing that can be done.  Then the next representative i speak to tells me i can open a case and to give it 48 hours and call them back to proceed with a police report.  Then after 48 hours i call back and am told that I have to file a claim with the FBI.  All this information is not only conflicting but also confusing and overwhelming.  Then i put it on the board and basically told that there is nothing that can be done cause the buyer is allowed to keep whatever item is sent to them by mistake. 

I said to stay off of ebay cause clearly i wasnt infromed enough to know how it works, not blaming ebay at all for the mistake.

[pzdamus]

No i didnt demand anything.  I actually had no clue how the return process worked.  Only after some research did i find out.  I asked him to create the return request so the label would be on my dime and not his. 

The reason i sent them out without researching how it worked is cause he stated that it was a present for his nephew whos bday had passed and he didnt have a present for him and for whatever reason the 1-3 day priority mail took a week or so to get to him.  So in my mind it was going to be a good 2 weeks for him to get the correct item. 

I didnt threaten the IC3 claim until 14 days of no communciation with the buyer.  I didnt even know about the IC3 possability until this past friday.  I reached out cordially a number of times over the past 2 weeks and got absoultely no response.  eBay reached out twice, once by email and another by phone and they as well got no response.

[missjen831]

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@pzdamus wrote:

Is it not theft?  I mean on some level it has to be, right?

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It’s not the kind of theft those agencies get involved with. He didn’t set out to scam you. You sent him the wrong item. And actually the FTC rule doesn’t really apply here either. What this would be if anything would be unjust enrichment. 

[missjen831]

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@pzdamus wrote:

I did not send him a label.  He basically diappeared after he received the correct item.  I have sent return instructions on how to generate the label himself but not send him the label.  I have been reaching out to him for the past 2 weeks and have gotten absolutely no response.  My responses went from cordial and polite to finally saying i filed the IC3 claim. 

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How can he generate a label at your expense?You need to pay for the label and that means you need to generate it and send it to him. 

[missjen831]

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@pzdamus wrote:

I totally understand....didnt mean to come off as blaming ebay or the buyer at all.  I know it was 100% my mistake.  What is frustrating in all of this, are the differing information i am receiving from ebay.  One day I speak with a representative who tells me that there is nothing that can be done.  Then the next representative i speak to tells me i can open a case and to give it 48 hours and call them back to proceed with a police report.  Then after 48 hours i call back and am told that I have to file a claim with the FBI.  All this information is not only conflicting but also confusing and overwhelming.  Then i put it on the board and basically told that there is nothing that can be done cause the buyer is allowed to keep whatever item is sent to them by mistake. 

I said to stay off of ebay cause clearly i wasnt infromed enough to know how it works, not blaming ebay at all for the mistake.

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eBay has a serious issue with their customer service reps and they seem to be in denial about it. There was no case you could have opened and customer service shouldn’t have told you that. 

[pzdamus]

I can’t wait to be unjustly enriched!!

[pzdamus]

From what I understand, after he requests the return I have the option of selecting an exchange.  This would allow him to generate a mailing label, which I would pay for but he would generate on his computer.  

[city*satins]

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@tiramisu41 wrote:

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@pzdamus wrote:

Is it not theft?  I mean on some level it has to be, right?

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No, @pzdamus.   According to the FTC, if you receive merchandise you didn't order or pay for, you don't have to return nor pay for it.  It's considered a gift.

See: https://www.consumer.ftc.gov/articles/0181-unordered-merchandise

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That is intended to cover unsolicited merchandise.  Not order errors.

[missjen831]

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@pzdamus wrote:

From what I understand, after he requests the return I have the option of selecting an exchange.  This would allow him to generate a mailing label, which I would pay for but he would generate on his computer.  

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Ok that is correct. He can initiate a return and ask for a replacement. But I think that’s asking a little too much when you can simply purchase a label and send it to him. It was your mistake so you should make it as easy as possible for him to return the wrong item. 

[city*satins]

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@tiramisu41 wrote:

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@pzdamus wrote:

Is it not theft?  I mean on some level it has to be, right?

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No, @pzdamus.   According to the FTC, if you receive merchandise you didn't order or pay for, you don't have to return nor pay for it.  It's considered a gift.

See: https://www.consumer.ftc.gov/articles/0181-unordered-merchandise

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I forgot to add.  This does not cover merchandise you ordered but didn't pay for either. If it did nobody would have 30, 60 or 90 day billing and no customer could be chased down for a bounced check.

[a_c_green]

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@missjen831 wrote:

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@pzdamus wrote:

From what I understand, after he requests the return I have the option of selecting an exchange.  This would allow him to generate a mailing label, which I would pay for but he would generate on his computer.  

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Ok that is correct. He can initiate a return and ask for a replacement. But I think that’s asking a little too much when you can simply purchase a label and send it to him. It was your mistake so you should make it as easy as possible for him to return the wrong item. 

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While I'm not claiming expertise in this area, it strikes me as kind of risky to initiate a return like that, just to generate a return label for an item that was shipped in error, because once the tracking shows that it has arrived back at the seller's place, I would be somewhat worried that the system might "step in" and force a refund if it doesn't see the seller doing so.

[missjen831]

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@a_c_green wrote:

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@missjen831 wrote:

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@pzdamus wrote:

From what I understand, after he requests the return I have the option of selecting an exchange.  This would allow him to generate a mailing label, which I would pay for but he would generate on his computer.  

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Ok that is correct. He can initiate a return and ask for a replacement. But I think that’s asking a little too much when you can simply purchase a label and send it to him. It was your mistake so you should make it as easy as possible for him to return the wrong item. 

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While I'm not claiming expertise in this area, it strikes me as kind of risky to initiate a return like that, just to generate a return label for an item that was shipped in error, because once the tracking shows that it has arrived back at the seller's place, I would be somewhat worried that the system might "step in" and force a refund if it doesn't see the seller doing so.

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It’s not risky if done properly. When done properly the buyer must return the item and submit tracking OR ebay will charge them for the replacement item.