Seller sends wrong item, it gets lost on the way back

In a nutshell, here’s what happened:

There was a new CD out, I knew there was going to be a “basic” 9 track version and a “deluxe” 11 track version. I picked a listing I wanted, it was listed with 11 tracks, so knowing that sellers can still lazily list stock info, I messaged them for them to confirm it had 11 tracks. They replied by pasting in the track list from their listing as if to say “duh, of course it is. See, the listing says so.”

So, fine. I ordered it, I received it, and you know what happens. It’s the  9 track version. I message the seller, they say send it back and they’ll refund me. I closed it up neatly and wrote “return to sender” on the package. Over a month later they haven’t refunded me. I ask why, they claim to have not received it.

I open a dispute and the seller continually states they will refund when it’s received. I have until a certain day to escalate, so with no updates, I escalate at that time explaining how I did everything right (even asked prior to buying) and not only did their listing tell me it was the version I wanted, but so did their reply to my direct question, and now the blame is being shifted to me because I was the last one to possess the item, because I was sent something I never should have been sent.

Canned ebay response a few days ago informs me they’ve sided with the seller.

Who agrees with this?

And is there actually an appeals process for this? The help section makes it appear that there is, but this case isn’t even in my list of cases anymore… not sure where to go from here.

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Seller sends wrong item, it gets lost on the way back

update... I did find the case and I will appeal.

But still wondering for opinions on the "ebay legalities" of this. It sure doesn't seem right to me.
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Seller sends wrong item, it gets lost on the way back

"I did find the case"

 

????

 

I do not understand.  What do you mean by "I did find the case"? 

 

Had it been returned to seller?  Or did the Post Office send it back to you?  If so, do the marking show it did get to the seller and was refused?

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Seller sends wrong item, it gets lost on the way back

Unless you have proof you sent back the item with tracking I cannot see you winning your appeal.

 

I would imagine the seller has received the item & knows how to play the system.

 

Unfortunately, we often hear about these types of dishonest sellers.

 

Probably best to report the seller & leave appropriate FB & DSRs.

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Seller sends wrong item, it gets lost on the way back


@pierrelebel wrote:

"I did find the case"

 

????

 

I do not understand.  What do you mean by "I did find the case"? 

 

Had it been returned to seller?  Or did the Post Office send it back to you?  If so, do the marking show it did get to the seller and was refused?




"the case" as in the case with ebay. I was saying I couldn't locate it on the site to even appeal. But I have now, and I am appealing.

 

The physical item itself, it's gone like I said. I sent it back to the seller, they either didn't receive it or are saying they didn't. I have no further info after send



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Seller sends wrong item, it gets lost on the way back

You are at the mercy/goodwill of the seller.

Because you returned it by  rewrapping it and marking it Return to Sender, you made two errors.

The postal system may be suspicious that what is being returned is not what was sent. "Return to sender' is meant to be used on unopened letters and packages.

From the seller's point of view, you could have subsituted the 11-track they sent for a 9-track you got elsewhere. He said, she said.

"Return to Sender' does not allow for tracking /Delivery Confirmation of the item. Paypal demands proof of return to refund. Their policy is neither party can have both the item and the money.

 

I realize that it is expensive to ship with Delivery Confirmation. You may have been better off telling the seller of the problem, leaving appropriate feedback and DSRs based on his answer, then selling the (scarce?) album on , and looking elsewhere for the real thing. Hindsight= 20/20, eh?

 

As it is, go for the Paypal dispute, but if/when you lose, go to the 1-800 customer service number on the credit card you used PP to process the payment from. Have all the information about dates, transaction numbers, prices, shipping costs, etc. handy for the clerk to consider your refund.

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Seller sends wrong item, it gets lost on the way back


@femmefan1946 wrote:

You are at the mercy/goodwill of the seller.

Because you returned it by  rewrapping it and marking it Return to Sender, you made two errors.

The postal system may be suspicious that what is being returned is not what was sent. "Return to sender' is meant to be used on unopened letters and packages.

From the seller's point of view, you could have subsituted the 11-track they sent for a 9-track you got elsewhere. He said, she said.

"Return to Sender' does not allow for tracking /Delivery Confirmation of the item. Paypal demands proof of return to refund. Their policy is neither party can have both the item and the money.

 

I realize that it is expensive to ship with Delivery Confirmation. You may have been better off telling the seller of the problem, leaving appropriate feedback and DSRs based on his answer, then selling the (scarce?) album on , and looking elsewhere for the real thing. Hindsight= 20/20, eh?

 

As it is, go for the Paypal dispute, but if/when you lose, go to the 1-800 customer service number on the credit card you used PP to process the payment from. Have all the information about dates, transaction numbers, prices, shipping costs, etc. handy for the clerk to consider your refund.


Good answer. makes a lot of sense.

 

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