Problem again unfortunately

[petitecroissant550]

Some of you read my other post about the seller sending the wrong item through the GSP.

My agreement with the seller was that he told me to keep the pen that was incorrect (which I agreed to) and he can give me a discount to buy the correct pen.

This pen he sells for $29.95 USD they are both in the same series collection. Now here is where the problem starts, since he sold it to me at a discount of $14.95 that is supposed to be his declaration value. But this seller seems to not know how to file customs declaration forms.

He put $29.95 USD instead of the true value that which I paid for of $14.95 so when UPS came to my door they wanted to collect $23.56 Canadian in the breakdown of import charges. I refused the package.

The original transaction was done right through eBay, the second transaction was done via an invoice through PayPal only. All communications were done through eBay messenger center with the exception of a few phone calls.

What do you guys recommend that I do? This seller is supposedly "good" having 99.99% feedback - but I'm beginning to believe otherwise.

[reallynicestamps]

First , of course, you should contact the seller. Only fair to give him a chance to correct his error.

If that doesn't work out, go to PAYPAL's Resolution Centre, upper right on your PP pages, and start an Item Not As Described dispute.

There is another system. Contact CBSA, the phone number should be on the back of your invoice for duty and tax, and explain the problem. Have the Paypal invoice ready to send to CBSA. With the corrected value, they may be able to refund your overpayment of duty and sales tax.

However, that would not get back the service fee from the shipper. In my opinion, that is the responsibility of the seller who caused all the problems in the first place.

Personally, I prefer refunds to replacements or discount coupons, because of the difficulty of getting the right thing the second time if the seller scrued up the first time.  But that's me.

[petitecroissant550]

If you re-read my post I said I refused the shipment. Also if I were to accept a refund on the original purchase I would be out 20 bucks because thats how much tracked shipping cost.

[petitecroissant550]

I contacted the seller again also and he's trying to tell me his 'store' is closed till monday. Sigh...

[brandeentertainment]

So seller sent you wrong pen..

The pen you wanted was valued at $29.95 so if he sent you the right one and they did not make the mistake you were obviously willing to accept the import charges in the first place..

The sellers refund was for there mistake and by no means changes the value of the item sent to you.. The value declared is the value of the item to protect the seller from losses which was $29.95 ..

I think the issue is how it was dealt with .. it should have been just return for refund .. Partial refunds leave seller losing out on fees and considering the seller will now have to pay for the return as well the seller is basically out more then you are ..

the seller should take the losses but a sorry discount does not change the value of item...

[brandeentertainment]

wait was the value of item shipped only $14.95?

[petitecroissant550]

He told me to keep the original pen valued at $29.XX USD which is the cross braided pen. That was the incorrect pen he sent me.

So in that essence I accepted that pen as the deal.

The pen that he was supposed to send me was cross crocodile embossed.

So what he did was he said keep the pen that he sent to me incorrect as paid for $29.XX and I can purchase the cross crocodile embossed for discount of $14.95 USD.

I sent him a payment of $14.95 USD when he invoiced me through PayPal to pay for the second pen which would be the pen that I originally wanted.

So to answer your question, yes the second pen shipped to me was only $14.95 USD - which is the pen that he incorrectly valued at $29.XX USD on the customs declaration form.

Declaration value is for what the BUYER paid, aka the selling price. He gave me a DISCOUNTED selling price invoiced at $14.95.

What you are saying is that someone can sell a $100.00 item for $25.00 but claim it's $100.00 on declaration, that is fraud.

[petitecroissant550]

I also want to mention that I only accepted his offer because this Seller offered originally to print a prepaid return label and send it in a package that would contain the correct pen.  Later he said he was "unable" to print a prepaid label because I live in Canada and he lives in the US.

I figured it was easier to just accept his $14.95 offer than to be out $20.00 myself + open dispute / claim.

Also the GSP does not deal with returns. It would of still been a confusing mess because if I opened a dispute / claim the eBay representatives would of went through the original process but since GSP doesn't accept returns I wouldn't know how the outcome goes about. I'd have to make a mutual agreement with the seller about returns.

It is all based on whether the seller has a policy posted and his policy is this quoted direct from his listings :

Items are returnable for 7 days in resalable condition.

So nowhere in his policy does it state who pays for what etc.