Purchase was sent to wrong buyer ,refuses to return item

[jagonz-3818]

I feel completely overwhelmed I sold an item and mailed it to the wrong eBay customer , that customer received his $21 train and also acknowledged he received t

Another buyers purchase and he will keep the item and sale it refuses to respond to any messages now I had to refund the buyer of that item 250.00

It's so unfair 

[hartungcards]

Live and learn.

[powell-memorabilia]

Absolutely, the right thing for the buyer to do would be to return the item to you.  But, he doesn’t have to.  Fair doesn’t really enter into it.  You made a mistake - happens to the best of it.   Just learn from it  - this one is on you.  Stewing over what someone else did or didn’t do just holds you back.

[aeparts1]

I'll bet you won't make that mistake again.

We've all made mistakes. Learn from it & move on.

[pickapaper]

It is federal and state law that anyone who receives unsolicited merchandise is entitled to keep it so this buyer is legally under no obligation to return the train to you. 

In this case, most people with any morals would return the train to you.  This guy obviously does not fall into that category.  It's too bad.  

Just curious how this happened.  Did you print two labels for the same buyer?   Did the guy just come out and tell you he received the train by mistake or did the actual buyer of the train file a INR claim for it?  

[hawkwind5454]

I will reiterate the fact that this one is all on you. The shipping error was unintentional, but is not a get out of jail free card for you. Personally, I would never sacrifice my integrity for legality. I think there are many people who feel so many situations land jelly side down for them, that if they have an opportunity to take advantage of an unexpected jelly side UP situation, they will take it.  Use this unfortunate situation to learn from, and move on. 

[bennotbill]

Unless they are a crook and a thief in real life I don't know how a buyer can live with that.

Is an item sent in error really unsolicited mail?

This reminded me of when I bought a phone charger. I received a huge package that turned out to be a very nice guitar in a case. The seller sent me a PayPal payment that more than covered sending it on to the correct buyer. I wouldn't have dreamed of keeping it, for whatever convoluted reasoning.

[tex-421]

I'm pretty sure there is a federal law that specifically addresses this issue.  It says that if a merchant mails unwanted goods to a consumer, the consumer has no obligation to return them or pay for them.  It addressed a scam where unscrupulous merchants would just mail products out to people and then demand they return it or pay for it.  It doesn't matter if it was mailed accidentally.

[tex-421]

I didn't see your post before I said the same thing.  Isn't it called "the mailbox rule" or something dumb like that?

[pcobra93]

Just remember...Satan has to harvest souls too. There are plenty for him to stay satisfied these days and you obviously found one..

[knifeaholic]

Zip;  I have often wondered though if that applies to a USPS package that was correctly addressed, but was mis-delivered by the postal carrier. 

In other words, I address the package correctly to the buyer, but USPS drops it at a different house, and that resident decides to keep the item.

Just wondering if that is legal on the part of the person who incorrectly received the package.

[pickapaper]

I don't know if it has a "name" or not but it is Section 3009 in the U.S. Code which says unordered items “may be treated as a gift by the recipient, who shall have the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender.” 

[tex-421]

I think the law is vague on delivery mistakes, but I really don't think the recipient has any legal responsibility to pay for the item or return it.  I doubt eBay would step in and force an innocent eBay user to pay for something or return something they didn't ask for.  Its really the seller's mistake and up to the good will of the recipient to decide what to do.

Here's the law: https://www.law.cornell.edu/uscode/text/39/3009

This is on the USPS website:

Unsolicited Merchandise

A company sends you a gift in the mail — a tie, a good luck charm, or a key chain. You didn’t order the gift. What do you do? Many people will feel guilty and pay for the gift. But you don’t have to. What you do with the merchandise is entirely up to you.

• If you have not opened the package, mark it “Return to Sender.” The Postal Service will send it back at no charge to you.
• If you open the package and don’t like what you find, throw it away.
• If you open the package and like what you find, keep it — free. This is a rare instance where “finders, keepers” applies unconditionally.

Whatever you do, don’t pay for it — and don’t get conned if the sender follows up with a phone call or visit. By law, unsolicited merchandise is yours to keep.

[vintage-camerastuff]

Been there done that.  Expensive lesson to learn.

[gloryglorygifts]

Reminds me of a Christmas present I sent to a cousin and put Ave instead of Street. I'm sure that the people that received it loved it.

I'm sorry this happened to you. Tough lesson to learn, but it happens. It just stinks that the other buyer didn't return it, especially since I am sure you would pay for the return shipping. If I were you, I would block that person. Yes, he feels justified in not returning it, but at least you don't have to deal with him/her again. 

Good luck to you.