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Buyer refuses to return item; wants me to send different size

I'm relatively new to eBay and could use some advice.

I've sold a pair of clamdiggers on eBay. Unfortunately, my header said they were one size, the photo showed another size. My error--no question about it.

The buyer is very unhappy. She says I need to send her the size she ordered. I've explained that I don't have the item in another size, that I made a typo, and that even though I don't do returns I am happy to refund her purchase price plus shipping and pay her return shipping.

She just keeps saying she's not returning them.

The payment is on hold in PayPal.

Advice??

Message 1 of 26
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25 REPLIES 25

Buyer refuses to return item; wants me to send different size


@ellis61 wrote:

@green-night wrote:

 

I'd make this buyer return the item whether I lost money or not.   Refusing to return item?  Okay.    Then no refund. 


Whether you lose money or not?  thinking  Seems like a poor way to run a business.

 

Regardless, the FTC provides protections for consumers who receive something that they didn't order ... it is to protect consumers against things like unsolicited merchandise and retailers doing scams.  Not the case here, but still the law applies.  The buyer does not have to return it because the buyer received something that they didn't order ... she may do it out of the kindness of her heart, but she doesn't have to do it.

 

https://www.thepennyhoarder.com/deals/amazon-sent-wrong-item-can-you-keep-it/


Actually, this is not unsolicited merchandise.  Are you saying that a buyer that receives the wrong item is entitled to keep that item and demand that a seller send them the correct item as well?  I'm afraid you will have to show me the statute number for this law before I'll believe it.

 

By the way, many people are not fond of clicking on links in forum posts.

"It is an intelligent man that is aware of his own ignorance."
Message 16 of 26
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Buyer refuses to return item; wants me to send different size


@7606dennis wrote:

Actually, this is not unsolicited merchandise.  Are you saying that a buyer that receives the wrong item is entitled to keep that item and demand that a seller send them the correct item as well?  I'm afraid you will have to show me the statute number for this law before I'll believe it.


True, it is not unsolicited merchandise in the purest sense.  It is a mistake.  Still, my understanding is that if a buyer receives something that they did not order, it is the same as receiving unsolicited merchandise and can be treated as a gift.  Notice what the buyer is saying ... "Please send me what I ordered, not this thing that I did not order."  Her words are describing unsolicited merchandise.

 

Yes, I agree that logic says it does not fall under the unsolicited merchandise regulations ... but, still, it is my understanding that it indeed does fall under those regulations.

Message 17 of 26
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Buyer refuses to return item; wants me to send different size

@audclancy Not related to your original post, but a quick tip here...

 

I am seeing high shipping charges on a lot of your clothing items. I understand that the rates are weight-based so I'm seeing the 2lb priority rate, however a lot of these items can easily fit in a padded flat rate envelope which would cost half as much for zones that are farther away from you.

 

You can order them free at usps.com and they will hold a lot. I ship jeans in them all the time. You can also look into Regional Rate A boxes which ship at a 2lb rate - great for instances where you are combining shipping on multiple items to the same buyer.

Message 18 of 26
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Buyer refuses to return item; wants me to send different size

If it were me, and I had made a mistake like that (and I have) I would simply refund and be done with it. Your prices are even lower than mine - this brings you into the territory of "not worth it."  This is ONLY because of your mistake, one which incidentally a lot of people have made (don't beat yourself up) - it happens.

 

BTW, I'd suggest losing the auctions unless you're desperate to get rid of stuff (as I have been) - they're a poor idea for clothing, which people just want to buy and be done with it.  I know...unsolicited advice.

 

Those padded flat rate envelopes are great - I would order some, too, if I were you. Good advice!

Message 19 of 26
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Buyer refuses to return item; wants me to send different size

True, it is not unsolicited merchandise in the purest sense.  It is a mistake.  Still, my understanding is that if a buyer receives something that they did not order, it is the same as receiving unsolicited merchandise and can be treated as a gift.  Notice what the buyer is saying ... "Please send me what I ordered, not this thing that I did not order."  Her words are describing unsolicited merchandise.

 

No, she ordered something from the OP, so it is not unsolicited (merely incorrect).  That is not the same thing.  That law doesn't apply if the buyer has a transaction with the seller.  It only applies to unsolicited items being shipped to someone without their agreement ahead of time and then billing them for the item. 

----------------------------
Successful and experienced seller since 1997, over 70,000 feedback, boardie since the boards were begun.
Message 20 of 26
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Buyer refuses to return item; wants me to send different size

" ......even though I don't do returns I am happy to refund her purchase price plus shipping and pay her return shipping. " That's very nice of you, but unfortunately that isn't your choice. All of it is going to happen whether you want to or not. Simply tell your buyer to open a return, and you're going to quickly find out how little say you actually have in this matter. Your pants will be returned and you will be paying the return trip.

Message 21 of 26
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Buyer refuses to return item; wants me to send different size

Many thanks to all of you for sharing so much good advice. As easy as eBay makes shipping, it wasn't very clear to me that those nice free envelopes from USPS were for an extremely expensive form of shipping. I am now weighing my listings because nearly everything is 13 oz and under, and can go First Class.

 

Interesting stuff about pricing...I've done it both ways. Because I've lost weight, I need the cash now so have been pricing low just to get money to buy smaller clothes. Will probably do some more fixed priced listings in the future.

 

The buyer told me today that she will keep the pants because I'll just list them again as size 20 and take someone else's money. 

 

And yes, I did figure out that offering the return shipping was actually required...didn't realize that going in.

 

Sooooo much to learn...

Audrey

Message 22 of 26
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Buyer refuses to return item; wants me to send different size


@audclancy wrote:

Many thanks to all of you for sharing so much good advice. As easy as eBay makes shipping, it wasn't very clear to me that those nice free envelopes from USPS were for an extremely expensive form of shipping. I am now weighing my listings because nearly everything is 13 oz and under, and can go First Class.

 

Interesting stuff about pricing...I've done it both ways. Because I've lost weight, I need the cash now so have been pricing low just to get money to buy smaller clothes. Will probably do some more fixed priced listings in the future.

 

The buyer told me today that she will keep the pants because I'll just list them again as size 20 and take someone else's money. 

 

And yes, I did figure out that offering the return shipping was actually required...didn't realize that going in.

 

Sooooo much to learn...

Audrey


Uh-huh....sure she will. You didn't take the bait and immediately refund, so she backed off.

The easier you are to offend the easier you are to control.


We seem to be getting closer and closer to a situation where nobody is responsible for what they did but we are all responsible for what somebody else did. - Thomas Sowell
Message 23 of 26
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Buyer refuses to return item; wants me to send different size

@audclancy

 

If you purchase your postage through eBay, First Class can weight up to 15.99 oz.

 

I'm glad this worked out for you.

Message 24 of 26
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Buyer refuses to return item; wants me to send different size

AUD..

 

I completely  disagree with  those  who  are encouraging you  to  take a  Hard Line  wit this  buyer.  Because looking  at your  Rcord  as a  seller--- you  are  NOT  in  a  strpmg  position  to  take  a hit  either on your  Feedback  ratings---or  possibly    either on  your  Defect rcord.

 

 

Your  sales  volume appears  to  be low.  And you have  received only  ELEVEN  Positive  Fweedbacks  from  buyers.  WHAT  REALLY  CONCRNS ME---Is  the verylow  DSR  ratings  you  received  from  some  of your  buyers.   I am  particularly  worried  about that low  DSR  on "Item  as  Described."

 

I am  afraid  your  Account is  vulnerable.  So  I think  your  PRIORITY  has  to  be  to  protect  your  account.  And  if  I  were you---I would  therefore  send  this  wretched  buyer  the item  she  ordered in  the first place.  Smiley Frustrated

 

 

Message 25 of 26
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Buyer refuses to return item; wants me to send different size

That is not correct. It's not unsolicited merchandise, it's a mistake. OP, tell them to return for refund. Ebay will back you up
Patricia
eBay member for 25 years
Message 26 of 26
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