eBayer sent me the wrong item, do I have to pay return shipping?

[DaWhim]

i usually give the seller a few options. in your case,

1st. the seller to ship you the replacement.
2nd. pay for your shipping cost to ship it back to them if they insist on the item.

or seller won't budge, tell them you will dispute the charge with the CC (dont bother with paypal) as item not described and promise a negative feedback. only return the item if they give u money to ship it back.

buyer holds all the power in ebay.

 

[Schfifty Five]

i usually give the seller a few options. in your case,

1st. the seller to ship you the replacement.
2nd. pay for your shipping cost to ship it back to them if they insist on the item.

or seller won't budge, tell them you will dispute the charge with the CC (dont bother with paypal) as item not described and promise a negative feedback. only return the item if they give u money to ship it back.

buyer holds all the power in ebay.

And what if the seller doesn't?

Ok, so you do your CC dispute and they side with you, giving you your original money back.

Seller still doesn't offer to pay for you to return the product back to him, so you're gonna just keep the product? You're basically stealing from him at this point. You have both your original money and his item.

Also, let's say you buy something from a B&M store but they happen to give you the wrong item. Are you going to make the store pay you for the gas you used driving back to the store?

Don't get me wrong, if I made a mistake selling something, I'd definitely pay for them to return the item back to me.

But it seems like you and others here are basically saying "Dispute w/ CC, get your money back, do not return item unless seller pays for return shipping". Sorry but that makes no sense.

 

[Dulanic]

And what if the seller doesn't?

Ok, so you do your CC dispute and they side with you, giving you your original money back.

Seller still doesn't offer to pay for you to return the product back to him, so you're gonna just keep the product? You're basically stealing from him at this point. You have both your original money and his item.

Also, let's say you buy something from a B&M store but they happen to give you the wrong item. Are you going to make the store pay you for the gas you used driving back to the store?

Don't get me wrong, if I made a mistake selling something, I'd definitely pay for them to return the item back to me.

But it seems like you and others here are basically saying "Dispute w/ CC, get your money back, do not return item unless seller pays for return shipping". Sorry but that makes no sense.

I only say that IF the seller refuses to pay for the return shipping. Their mistake why should the buyer have to pay anything? Your gas comparison means nothing and is irrelevant. In your mind if I buy a car and they deliver the wrong item should I be responsible for the 500+ delivery fee?

 

[Gillbot]

The comparison is relevant, because if an issue arises with an item purchased at a B&M store, they don't send someone to your house to pick it up. You have to take it back and get it replaced.

 

[Shawn]

If you use paypal and file a dispute, you fall under paypal's policy:
https://cms.paypal.com/us/cgi-bin/?.../UserAgreement_full#13. Protection for Buyers.

This is why I just do a charge back with American Express. Never use my bank account with Paypal.

Paypal tried to pull shit like that with me and I did a chargeback and suddenly I got an e-mail from paypal that they would investigate the seller.

 

[DaWhim]

And what if the seller doesn't?

Ok, so you do your CC dispute and they side with you, giving you your original money back.

Seller still doesn't offer to pay for you to return the product back to him, so you're gonna just keep the product? You're basically stealing from him at this point. You have both your original money and his item.

Also, let's say you buy something from a B&M store but they happen to give you the wrong item. Are you going to make the store pay you for the gas you used driving back to the store?

Don't get me wrong, if I made a mistake selling something, I'd definitely pay for them to return the item back to me.

But it seems like you and others here are basically saying "Dispute w/ CC, get your money back, do not return item unless seller pays for return shipping". Sorry but that makes no sense.

you go to a B&M store to buy something, if you want return/exchange, you go back to the B&M store. that's simple. it is not the same.

I don't advocate stealing from the seller. there is a valid cause for a chargeback, clearly item not as described. you can ask the CC what to do with the item, they will probably tell you to keep it.

 

[SandEagle]

This is why I just do a charge back with American Express. Never use my bank account with Paypal.

Paypal tried to pull shit like that with me and I did a chargeback and suddenly I got an e-mail from paypal that they would investigate the seller.

wait, i have paypal tied to a credit card as primary. but they also have my checking account as secondary. ifi dispute with cc and do a chargeback, would paypal be shady enough to withdraw from my bank account?

 

[Dulanic]

wait, i have paypal tied to a credit card as primary. but they also have my checking account as secondary. ifi dispute with cc and do a chargeback, would paypal be shady enough to withdraw from my bank account?

Not unheard of but only in cases where the seller has no funds to recover it from. Very unlikely with a active ebay seller.

 

[Schfifty Five]

you go to a B&M store to buy something, if you want return/exchange, you go back to the B&M store. that's simple. it is not the same.

I don't advocate stealing from the seller. there is a valid cause for a chargeback, clearly item not as described. you can ask the CC what to do with the item, they will probably tell you to keep it.

What authority does the CC have to say "oh you can keep an item you never paid for?" you gotta be kidding me.

IF you get your money back via CC dispute, YOU HAVE NO RIGHT TO KEEP THE ITEM ANYMORE. The excuse of "well, the seller won't pay for return shipping" is not going to make it legal for you to keep the item.

 

[Schfifty Five]

I only say that IF the seller refuses to pay for the return shipping. Their mistake why should the buyer have to pay anything? Your gas comparison means nothing and is irrelevant. In your mind if I buy a car and they deliver the wrong item should I be responsible for the 500+ delivery fee?

No, you should not be responsible for the $500+ delivery fee. I agree with you there. In fact, I am for the argument that the seller SHOULD pay for return shipping. It was the seller's mistake, he should own up to it.

HOWEVER, where we aren't seeing eye to eye is that if you do receive your original money back, you DON'T have a right to keep the item just because they won't pay for return shipping.

Please explain to me how someone could legally keep both the money and the wrong item just because the seller won't pay for return shipping.

 

[abaez]

I think the angle people are taking in this situation is that it's not even an item he ordered.

If a package showed up one day on your doorstep and it was just some random thing out of the blue completely unrelated to any order you've recently placed would you pay money to send it back? The situation is the same here. If he wins the dispute he'd get his money back, in addition to having this completely random item still in his possession.

What if he ordered a TV and it was a completely different TV model that he ordered and shipping is $100+ to send back? On their mistake? It's the same thing.

 

[Schfifty Five]

I think the angle people are taking in this situation is that it's not even an item he ordered.

If a package showed up one day on your doorstep and it was just some random thing out of the blue completely unrelated to any order you've recently placed would you pay money to send it back? The situation is the same here. If he wins the dispute he'd get his money back, in addition to having this completely random item still in his possession.

What if he ordered a TV and it was a completely different TV model that he ordered and shipping is $100+ to send back? On their mistake? It's the same thing.

Not quite. Chances are he received an invoice/shipping document with the wrong item, thus not making it just "some random thing out of the blue".

And no, Sandeagle SHOULD NOT have to pay the return shipping. It wasn't his mistake, and therefore, SHOULDN'T have to pay to ship it back.

However, once he gets his money back from disputing it with his CC, it then becomes a whole new issue of what the morality and legality of keeping said item is.

 

[Gillbot]

wait, i have paypal tied to a credit card as primary. but they also have my checking account as secondary. ifi dispute with cc and do a chargeback, would paypal be shady enough to withdraw from my bank account?

They can, and have.

I think the angle people are taking in this situation is that it's not even an item he ordered.

If a package showed up one day on your doorstep and it was just some random thing out of the blue completely unrelated to any order you've recently placed would you pay money to send it back? The situation is the same here. If he wins the dispute he'd get his money back, in addition to having this completely random item still in his possession.

What if he ordered a TV and it was a completely different TV model that he ordered and shipping is $100+ to send back? On their mistake? It's the same thing.

I would think you should call the local authorities and turn it in to see if it gets claimed. After the proper channels are exhausted and they tell you that you should come get it, then yes, but otherwise if you didn't order it but kept it, that's still theft.

 

[lxskllr]

I would think you should call the local authorities and turn it in to see if it gets claimed. After the proper channels are exhausted and they tell you that you should come get it, then yes, but otherwise if you didn't order it but kept it, that's still theft.

That's not how it works. Unsolicited mail of any kind is yours to keep, with no obligation on your part to do anything. That doesn't really apply to the OPs issue, but I wanted to reply to this comment.

 

[SandEagle]

alright, here's an update. since i didn't hear from seller. i decided to give the item another shot. i searched online and found quite a few people who had the same issues. they went to the vendor website, downloaded the latest firm ware, made some changes in the config file, and all was good. it was a tedious process, but i got everything working. no need to go through the hassle with the seller. although i did tell them to update the description or include the steps on how to do this.

 

[Doppel]

morally, no

 

[Gillbot]

That's not how it works. Unsolicited mail of any kind is yours to keep, with no obligation on your part to do anything. That doesn't really apply to the OPs issue, but I wanted to reply to this comment.

Mail is NOT a package delivery. Either way, it's splitting hairs and morally wrong IMHO.

 

[VirtualLarry]

Mail is NOT a package delivery. Either way, it's splitting hairs and morally wrong IMHO.

He should have said "package sent by mail". But the principle is the same.

If someone mails you a TV by mistake, through the US mail, it's yours to keep.

Note that this only applies to US Postal Service Mail, and not to deliveries via private carriers like UPS and FedEx.

 

[lothar]

No, you should not be responsible for the $500+ delivery fee. I agree with you there. In fact, I am for the argument that the seller SHOULD pay for return shipping. It was the seller's mistake, he should own up to it.

HOWEVER, where we aren't seeing eye to eye is that if you do receive your original money back, you DON'T have a right to keep the item just because they won't pay for return shipping.

Please explain to me how someone could legally keep both the money and the wrong item just because the seller won't pay for return shipping.

The seller's item would be sealed in the original box somewhere in my basement or at the police station near my house.
If he won't pay for return shipping, he's free to buy his plane ticket to come get it from my basement or the police station near my house.

You don't have a right to keep his item and use it, but you do have a right to keep his item until he comes back for it or turn it to the police station near your house. The seller can go and get his item from the police station if he wants.

Once I've turned it into the police station and I get a written statement from them, it is out of my hands.

 

[Schfifty Five]

The seller's item would be sealed in the original box somewhere in my basement or at the police station near my house.
If he won't pay for return shipping, he's free to buy his plane ticket to come get it from my basement or the police station near my house.

You don't have a right to keep his item and use it, but you do have a right to keep his item until he comes back for it or turn it to the police station near your house. The seller can go and get his item from the police station if he wants.

Once I've turned it into the police station and I get a written statement from them, it is out of my hands.

I agree with you. That is a valid solution imo.

 

[alkemyst]

You are responsible for return shipping. Read the paypal/ebay policy.

QFT.

You can always learn chinese.

 

[alkemyst]

That's not how it works. Unsolicited mail of any kind is yours to keep, with no obligation on your part to do anything. That doesn't really apply to the OPs issue, but I wanted to reply to this comment.

It depends. Something sent in error you will be expected to return. They will have to coordinate pick up.

If they sent you something like a set of books you never wanted and they have a fee to return them or require you to pay shipping; then you are under no obligation.

 

[Gillbot]

The seller's item would be sealed in the original box somewhere in my basement or at the police station near my house.
If he won't pay for return shipping, he's free to buy his plane ticket to come get it from my basement or the police station near my house.

You don't have a right to keep his item and use it, but you do have a right to keep his item until he comes back for it or turn it to the police station near your house. The seller can go and get his item from the police station if he wants.

Once I've turned it into the police station and I get a written statement from them, it is out of my hands.

Exactly.