Wrong item sent buyer said he would return but hasn’t

[stesore_5174]

Hello, 

so I sent a buyer the wrong item. I worked with the buyer and we agreed I’d send him the item he had wanted for free if he would return the wrong one I sent. The mistake I made was initiating the refund and mailing the package before he had sent the original item back. What options do I have to hold the buyer responsible for basically stealing the other item. 

[kensgiftshop]

Sorry, if you didn't wait for the wrong item to be returned, there's nothing you can do.

[chariot_badges]

Yup.  In my house, we call that ... tuition.

You paid - you learned.

[house*of*paws]

Hi @stesore_5174 

You didn’t mention sending the buyer a prepaid shipping label to return the item.  Did you do that?  [The buyer shouldn’t be out any money because of your mistake.]

[fashunu4eeuh]

Hold your horses. There is no theft involved here.

This was your error—you sent the wrong item. So of course you had to make it right, immediately. Waiting for the buyer to return the item before refunding would not have been appropriate. Sadly, not everyone keeps their word.

However, the law is clear on this point. The Federal Trade Commission states that wrongly sent merchandise becomes the property of the recipient. They have no legal obligation to return it. The item is his now. It is considered a gift. For more info, see link below.

https://consumer.ftc.gov/articles/what-do-if-youre-billed-things-you-never-got-or-you-get-unordered-....

[powell-memorabilia]

You are correct - partially.  Buyer made a after the fact deal to return the item in exchange for a refund and shipment of the right item.

recourse wouldn’t be through eBay - don’t see anything other than small claims court as an option.

[simba6]

The only thing you would have had was to not send the correct item until the other was returned.  You would have issued s prepaid return label.  Other than that, there is nothing you can do.  Buyers can file a case and get a refund if they receive the wrong item.  But there is no I sent an incorrect item and want it back case a seller can file.

Mixed up items is the number one mistake made on eBay. Got to check, double check and check again.

[hartungcards]

I'm guessing that by "basically stealing the other item," you actually meant "basically keeping the wrong item I sent by mistake."

[chariot_badges]

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@fashunu4eeuh 

However, the law is clear on this point. The Federal Trade Commission states that wrongly sent merchandise becomes the property of the recipient. They have no legal obligation to return it. 

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You are right, of course.

But, there is no law against asking.

I always say something like this:   "I am so sorry we messed up your order.  I have the correct item in hand and will ship it today.  The item that I shipped to you in error has more value to me than to you and I'd really like to have it back.  If you mail it to me, I will give you a $x discount on your purchase to cover the postage and your time and trouble.    Again, sorry for the mix up, your item is on its way."

[gloryglorygifts]

That's one thing that I wish that ebay had - replace and/or refund option. There is no option for replacing. Once in a blue moon I have a problem with a wrong item being sent. It would be nice, and so much easier, to have a option to correct that. Handled correctly, it would reduce the feared neg feedback from the buyer.

[inhawaii]

How much was the (wrong) item worth?

That's how much this lesson cost you.

[janet9988]

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@stesore_5174 wrote:

Hello, 

so I sent a buyer the wrong item. I worked with the buyer and we agreed I’d send him the item he had wanted for free if he would return the wrong one I sent. The mistake I made was initiating the refund and mailing the package before he had sent the original item back. What options do I have to hold the buyer responsible for basically stealing the other item. 

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The mistake was you sending the wrong item in the first place. The buyer stole nothing.

[crazystuff4sale]

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@gloryglorygifts wrote:

That's one thing that I wish that ebay had - replace and/or refund option. There is no option for replacing. Once in a blue moon I have a problem with a wrong item being sent. It would be nice, and so much easier, to have a option to correct that. Handled correctly, it would reduce the feared neg feedback from the buyer.

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You would need to enable the replacement option in the return policy for each individual listing. Most don't know the option is there.

[albertabrightalberta]

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@chariot_badges wrote:

I always say something like this:   "I am so sorry we messed up your order.  I have the correct item in hand and will ship it today.  The item that I shipped to you in error has more value to me than to you and I'd really like to have it back.  If you mail it to me, I will give you a $x discount on your purchase to cover the postage and your time and trouble.    Again, sorry for the mix up, your item is on its way."

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"Always saying something like this" makes it sound I you goof up like this often. I hope that's not the case!

There's one change I'd make to your message. Instead of "I will give you a $x discount on your purchase to cover the postage and your time and trouble," you should send them a prepaid return shipping label and once you receive the item back, give a discount on the correct purchase. 

In a case like this, the buyer shouldn't have to lay out the return shipping money to help fix your error! 

[broto_64]

You must have bargaining power thus you must hold hostage either the pay or the item, if you forfeit either of those there are very few truly honest people left in this world.