Seller sent additional item, need help

[olshaus]

Hello all! 

tl;dr: Tried to do the right thing and send back something incorrectly sent to me, seller is unreasonable, and the following ensues.

I'm going to apologize in advance for the bit of long winded-ness here, and try to get straight to the point. I bought a bowling ball from a seller. Used, it came to my door, I got excited, went and got it plugged and rilled to fit my hand. I come back home fro ma long weekend, and bam! Another ball on my porch in a box. I recognize the label, and reach out to the seller to let him know that he made a mistake, and that I'd help him out of his bind, because somebody wants their ball, and we all make mistakes. I'm going to post the conversation following, and will change the name of the seller for anonymity's sake. I really need to know what to do in this case, and I'll interject at the point that I had contacted eBay, and what they had to say on the matter. Thank you all in advance for the insight!

***Side note, the "no response" he's referencing is appx 3 hours, while I was busy at work***

***I call eBay again, being tired of being berated and being called a thief and the likes. An extremely helpful lady says that they have opened a case, and they are investigating, and that she will initiate a refund so that I can get the shipping back on the ball he mistakenly sent***

Me (final refund response):

You will not get back the ball I plugged and filled prior to me even recieving the ball you incorrectly addressed, labeled, and shipped to me. The reason this has all been dealt with through eBay's messaging is so that they can verify and track that I am 100% in the right on all of this. I have never been treated in such a demeaning manor in my entire life while trying to do someone a favor by fixing their own mistake. I am no longer willing to subject myself to any of this treatment, and you can deal directly with eBay on all of this. I will not be replying to any further contact from you on a personal level and will wait to hear further from eBay and eBay alone.

**At this point I closed the refund request with the following notes***

The seller is being 100% unreasonable and all contact for the future of this return and mistake on his part will be dealt with by him and the eBay staff. I no longer allow myself to be subjected to the demeaning manor that he has put me through, all in a good faith effort to try and help him fix a mistake that HE made, by shipping ME an item that I never ordered, and he addressed to me. The message history will show exactly what happened and that I have been unreasonably treated in such a poor manner that I will no longer talk to the seller on a personal level. eBay staff need to investigate this matter thoroughly.

So if you've made it this far, I thank you immensely. I am at a loss for how to handle this, and I am going to be in contact with eBay again in the morning. I am emotionally troubled by this, and it's really hard for me to fathom how doing the right thing could turn into this. I guess I'm looking for some sort of guidance from a seasoned eBayer or maybe just to get this all off my chest, thanks in advance for the replies, and advice!

[cream_couture]

I read it all. lol

You are actually required to send the ball back to the seller. You have a business relationship with him and he mistakenly sent you something; thus you are required to send it back (not to mention morally you should send it back). Personally, I would just get the label and drop it off at Fedex, even though he did get huffy. 

I don't know why he got huffy or why he started talking about you also returning the ball you actually did order. This situation is getting way out of hand. Personally, I would just tell him to send the Fedex label to me and drop it off at Fedex. Seems you don't want to drop it off, so why not just agree to have Fedex pick it up from you? I think calling ebay anymore is a waste of time unless they are going to provide you with the label or a refund to ship it back they way you want to.

[lja440]

Simply print the label, notify FedEx that there is a pre-paid package waiting for pick-up and leave it on the porch.

Mind at my location it costs $11.45 for FedEx to pick-up a package and I have all kinds of trouble just getting them to deliver here (rural Ohio). But without anything in your name any fee should be charged to the sellers account. 

By the way, it is good you kept it in eBay Messages.

[tunicaslot]

I applaud you for trying to do the right thing - but I would have stopped communicating with him long ago. When a package is missent to someone - it's considered a gift. Many people do the right thing and return it when a seller issues them a return shipping label. 

Depending on how nice the seller was about the situation - I may go to the Fed Ex drop off for them but if they were nasty - they can arrange for a pickup.

[jame234]

You have no obligation at all to return this item.  You tried to do the right thing and the seller was uncooperative so you can drop the whole thing.  He could have sent you a USPS shipping label which you can schedule a pick up leaving the item at your door.  I don't blame you if you did not want to make a special trip to Fed ex.  He can do nothing to you.  He sent the item to you so it is considered a gift.  It is not stealing.  He wanted to save money on shipping cost at your expense.  eBay will not do anything either.  Let it go.  Do not respond to any other communication from this seller.

[eyem4jesus]

Thank you for takingthe time to explain this difficult situation.  I cruise these threads to learn from others successes, failures, struggles and victories.

I saw that you received multiple opinions, and I am curious how this plays out for you.  Unfortunately, I dont have any official advise, but I would like to know the final outcome.

Based on what I read of your exchange with him, you seem completely reasonable, honest, and professional.  I dont know why he reacted the way he did, but people are complicated. 

Anyhow, dont lose any sleep over it, and let eBay handle it.  

[berserkerplanet]

>>You are actually required to send the ball back to the seller.

Nope. The OP is under no obligation ethically, morally, or legally to be out of pocket to rectify the seller's error.

[sam9876]

I wouldn't do anything. 

[emerald_door]

That's a lot for you to go through just to try and return his item to him.  I think part of the problem is that you opened a return request, so he may have assumed that you intended to return both balls.  

I would try to make it clear to him that you want to return only the one he sent by mistake, and you will be keeping the one you bought from him.  I would let him know that he will have to arrange to have the package picked up, because you are not going to drive ten miles out of your way to take it to Fed Ex.  

If he doesn't agree, I would assume that's the end of it.  

[anste35]

Keep it.

[royalprincessdesigns]

I read the whole thing . I would be the better person. Print the fed ex label, put it on the package, set it out on the porch and call fed ex to come pick it up. Send the seller an e-mail via messages once this has been done. Don't lose any more sleep over it. You are doing the right thing.  

[sam9876]

FedEx won't just come pick it up.

[monster-deals]

Yeah, I would have quit talking to them after try #2

[the_fancy_fox]

Way too much back and forth. Its real simple.

Seller, you sent me something I did not order. If you want it back you are welcome to come pick it up or send me a shipping label and I will drop it off at the PO. If your picking it up let me know when and I will leave it on my porch.

End of story.

If they say buy a label and they will reimburse just repeat the above and add, I will give you two weeks to deal with it or I will donate the XXX.

After that, ignore.

Also, the FTC rule doesnt apply here. What happened to you falls under unjust enrichment. The FTC rule doesnt cover errors like this.  The rule was put in place when companies were sending office supplies to companies without them being ordered and then billing for them. When the bills were not paid they were threatening to take the receiving companies to court.

[anste35]

https://lifehacker.com/what-should-i-do-when-a-company-makes-a-mistake-in-my-f-5969021

That article covers what you need to know.

The sellar can send a FedEx call tag
https://www.fedex.com/en-us/quick-help/returnmanager/crtctg.html

If they refuse, stop worrying about it and tell them to pound sand. They can't bill you, and eBay will do nothing to help them.