Seller sent wrong item.

solen

Hi,

Been buying and selling for over 10 years on eBay and never had this happen before, but it's something I've worried about when selling.

I won an item, and was waiting for it to arrive. It came today, or so I thought.

They had told me a week ago that it had been posted first class, and I got a message yesterday to say their other half posted it for them as they were on holiday.

It was only posted yesterday (so their other half had told them porkies) but also it was the wrong item, a completely different thing!

I had a look and they had two listings ending on the same day, So I'm guessing my item has gone where this one should have.

What should happen next?

I have sent a message, and I'm going to wait till they are back from holiday on Monday, but there's nothing I can do till then.

I want my thing, and I'm sure the other person wants theirs.

Surely I won't have to pay to return it to them, or to send it to the correct person???

Flyonthewall

You would have to return it for a refund (or for them to send the correct item upon return). If it's a business seller they should refund you for return postage as it was their mistake. If it's a private seller though they don't have to pay return postage based on ebay rules.

solen

They are a private seller

So I have to pay to return it to them??

That seems crazy. It's a big mistake, not just a similar item, I don't want to give to much detail, but it's the equivalent of I won a small CD player, didn't pay huge amounts for it, the other person won a wide screen plasma tv, and paid a lot more.

I've been sent the plasma tv, and I should have to pay the postage back to them so I can get my smaller, cheaper item sent to me??

Crazy!

Obviously_the_best

OP - Please don't listen to Flyonthewall

In this case, the law doesn't differentiate between who sent it, you've simply received unsolicited goods, and therefore you can choose to make them available for collection by the seller at a time convenient to you, but you have no obligation to.

http://www.legislation.gov.uk/ukpga/1971/30/section/1/enacted

Basically, tell them they have to pay the return postage, and if they tell you you have to pay, send them a link to the legislation. Accidental or not, you have still received goods you haven't requested, therefore they're unsolicited.

solen

Ok, and then would I open an item not recieved for the item I should have recieved?

tinkerbell28

It's not unsolicited goods. As op did order from this person. Op see my thread unsolicited goods to see the actual law in depth.

Jen_Jen1985

I've done this before as a (private) seller, I asked both buyers to forward on to each other and scan me a copy of the receipt and then I sent them the money to cover it so they weren't out of pocket.
If they are a good seller they will cover any postage costs you incur.

Flyonthewall

solen wrote: »

They are a private seller

So I have to pay to return it to them??

That seems crazy. It's a big mistake, not just a similar item, I don't want to give to much detail, but it's the equivalent of I won a small CD player, didn't pay huge amounts for it, the other person won a wide screen plasma tv, and paid a lot more.

I've been sent the plasma tv, and I should have to pay the postage back to them so I can get my smaller, cheaper item sent to me??

Crazy!

Ebay rules are rather unfair when it comes to returns. Any good seller will make sure you're not out of pocket. Ebay may also give you a return label free if the seller won't help so you're not out of pocket, but you have to ask them.

You could open a case against them, but ebay would tell you to return the item anyway and the seller may be quite willing to sort it themselves when they get back.

I'd wait until the seller returns and see what they say.

Flyonthewall

Obviously_the_best wrote: »

OP - Please don't listen to Flyonthewall

In this case, the law doesn't differentiate between who sent it, you've simply received unsolicited goods, and therefore you can choose to make them available for collection by the seller at a time convenient to you, but you have no obligation to.

http://www.legislation.gov.uk/ukpga/1971/30/section/1/enacted

Basically, tell them they have to pay the return postage, and if they tell you you have to pay, send them a link to the legislation. Accidental or not, you have still received goods you haven't requested, therefore they're unsolicited.

I was stating what ebay say. Sellers do not have to pay return postage. However, due to selling laws business sellers in many cases should pay for return postage.

The seller did buy from them, it was a simple mistake and one they may well sort out fairly. I agree the seller should pay as it was their mistake and ebay will side with the buyer in any case, but ebays rule does still remain that buyer pays return postage. Never before have I heard of anything different happening based on that legislation.

Not saying you're wrong about it, just that I've never heard of it being pointed out in an ebay case.

solen

Flyonthewall wrote: »

Ebay rules are rather unfair when it comes to returns. Any good seller will make sure you're not out of pocket. Ebay may also give you a return label free if the seller won't help so you're not out of pocket, but you have to ask them.

You could open a case against them, but ebay would tell you to return the item anyway and the seller may be quite willing to sort it themselves when they get back.

I'd wait until the seller returns and see what they say.

I won't do anything till I've spoken to them on Monday.

BUT what gets me most, is that its not a proper return.

I haven't changed my mind,it's not broken, it's not not as described, I'm not just being picky. They made a mistake. I haven't got my item.

Hopefully they will just send me some money to cover postage and then I'll send it back to them, tho it may make more sense to post it direct to other customer or they will have a third set of postage to pay.

Flyonthewall

solen wrote: »

I won't do anything till I've spoken to them on Monday.

BUT what gets me most, is that its not a proper return.

I haven't changed my mind,it's not broken, it's not not as described, I'm not just being picky. They made a mistake. I haven't got my item.

Hopefully they will just send me some money to cover postage and then I'll send it ack to them, tho it may make more sense to post it direct to other customer.

Yeah, I can imagine how annoying it must be. I'm guessing the seller won't let the OH sort their ebay sales out again lol.

Indeed that would make more sense and perhaps that could be arranged (like someone else said). If not, it'll just take a little longer but hopefully you should get the item and not be out of pocket.

If the seller doesn't pay up just go to ebay and (if needed) explain/complain until they give you a return label.