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stolen after address mistake

By mistake on my part, I shipped order #  item id  To this  wrong buyers address. When I realized my mistake, I contacted usps and put an intercept on the package. The intercept was not completed in time, and the large expensive package was delivered to incorrect address. I also messaged buyer at incorrect address (who received his correct item at the same time) and informed him of my mistake. I also asked him to not accept the package and return to sender. Meanwhile, my customer who purchased the suitcase asked to be refunded. I completed that refund, of almost 700.00. Usps is now trying to retrieve the package from incorrect address, but has had no success. He will not answer my messages, and has kept the Tumi suitcase. Is there anything ebay can do on my behalf?
his order was delivered as well, which was miji pot and pan cleaner. The bag that was delivered by mistake is registered in my name with Tumi.

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stolen after address mistake

Some mistakes can be a gift.

What state are you in? Some states, if my memory serves me well, like Maryland says an unsolicited item is a gift you can keep but if you're in a solicited transaction and there's a shipping mixup and you receive the wrong item it's not a gift you can keep.

 

If they're in a state where that's the rule I have no idea how you would enforce it.  Smail Claims Court?

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