If a returned item is lost in transit, who is liable?

[colmanjones]

I live in Canada and recently purchased an expensive item from an American seller. While the item was enroute to me, I discovered that the seller had sent a different item than they had listed. When I asked them about this, they agreed to refund me provided I returned the package unopened. When the item arrived at my local Canada Post office, I did as instructed and return the item unopened, refusing to pay taxes/duties, and the item is being tracked using the same tracking number it originally shipped with.

It now appears that the item has been lost in transit by Canada Post on its way back to the US seller, although I am still awaiting the final results of a Canada Post investigation.

The seller says the item was insured when he shipped it to Canada, but neither the seller nor the post office mentioned anything about insuring it on its return journey.

If the item is indeed declared lost in Canada, what are my options? Will the seller’s insurance cover this loss? Can they (or I) file a claim with Canada Post?

Any advice or guidance would be appreciated.

[msau4301]

I'm not sure how you knew the seller sent the wrong item if you hadn't received it (or opened it) but unfortunately you should have waited until it arrived and then you could have opened an item not as described case with eBay and you would have got a refund. You would have to return it to seller at THEIR expense. It is sellers responsibility to send you a return shipping label to use.. Shipping of an item would only have insurance for a one way trip to the destination (to you). With a new (second shipping label addressed to seller) would have a different tracking number, then the could be opened with Canada Post on the new shipping. It will be tricky for seller's insurance to cover it if it is showing it was delivered to your local Canada Post office (they would not be able to say item not delivered). You could try and contact Canada Post and see where the last place it was is (maybe still there). It may be treated differently since you refused to pay taxes and duties, it may still be returned to sender but would no longer be tracked so you would not know if it made it back unless the seller told you.

Others may know more to help you with this unfortunate case especially since it was an expensive item.

Curious though how you knew it was wrong item if you hadn't received it. Did the seller reach out to you first? It was on him if he sent wrong item, you shouldn't be out of anything but since you let it leave without the second tracking you may be out of luck. But I hope you get it worked out somehow.

[marnotom!]

How long has it been since you refused the item? If it item was handled as a parcel (as opposed to a tracked packet), returned parcels are extremely low priority for the postal system and will take considerably longer to route back.

If your seller sent the item directly to you as a parcel instead of having it handled by a forwarder/intermediary such as eBay International Shipping, they should have also indicated on the mailing label what they wanted done with it if it couldn’t be delivered. If they checked the “treat as abandoned” box, they’re not going to see it back.

But if the item was forwarded by eBay International Shipping, this may be a different ball of wax altogether and we may have to give you special information and advice.

And as unfortunate as it sounds, refusing an eBay purchase from out of the country isn’t generally a good idea from an eBay protection standpoint. You’ve likely lost your ability to file a successful Money Back Guarantee claim through eBay by going this route.

Sorry for the rambling post, but your situation isn’t as cut and dried as it seems on the surface.

[colmanjones]

I knew it was the wrong item before it had arrived because the seller sent me a video of the item which showed it was not the same item as was in the listing, but I didn’t realize it right away and the item had already shipped.

Once the tracked item arrived, I submitted a return with Ebay as an item not as described, which the seller accepted. The item was sent back unopened and is being tracked with the same number it arrived with.

I also consulted an Ebay representative and was told “Actually you do not have to worry about this as you are covered with your refund 100% since you only followed the instruction of the seller that as you soon you received the item ship it back immediately.”

They added “For the refund it may be coming from your seller or from us if in any case that the seller is still did not refund you. So for this one please allow the investigation of the carrier but here on eBay you are 100% covered so have no worries, what you are doing so far is correct!”

Thanks for your reply all the same.

[colmanjones]

thanks for letting me know that return parcels have a lower priority, that may explain the delay.

Once the tracked item arrived, I submitted a return with Ebay as an item not as described, which the seller accepted. The item was sent back unopened and is being tracked with the same number it arrived with.

I also consulted an Ebay representative and was told “Actually you do not have to worry about this as you are covered with your refund 100% since you only followed the instruction of the seller that as you soon you received the item ship it back immediately.”

They added “ For the refund it may be coming from your seller or from us if in any case that the seller is still did not refund you. So for this one please allow the investigation of the carrier but here on eBay you are 100% covered so have no worries, what you are doing so far is correct!”

Thanks for your reply all the same.

[msau4301]

That's great news. I didn't know you had eBay's confirmation and a video. It was the postal part of the return shipping that concerned me but if eBay has 100% guaranteed for you anyways it won't be an issue. I once had a buyer cross out their name on package with the big "Return to Sender" and pop it in the mail because they "were running tight on money and changed their mind". There was no tracking on the return but it still made it to me (was not high value though).

Post an update if you can as to what happens. It's always good to know how these sort of things pan out (one never knows when something similar may happen!)

[reallynicestamps]

When the item arrived at my local Canada Post office, I did as instructed and return the item unopened, refusing to pay taxes/duties, and the item is being tracked using the same tracking number it originally shipped with.

When you refused the package, eBay deems it Undeliverable, and the seller does not, according to eBay owe you a penny.

I am willing to believe that the seller was being helpful, but you have no standing in a Claim through eBay.

https://www.ebay.com/help/policies/ebay-money-back-guarantee-policy/ebay-money-back-guarantee-policy...

https://www.ebay.ca/help/policies/ebay-money-back-guarantee-policy/ebay-money-back-guarantee-policy?....

You may be able to get your refund by filing a Claim with Paypal (if you used it) or a chargeback with the credit card you used to pay.
 

I also consulted an Ebay representative and was told “Actually you do not have to worry about this as you are covered with your refund 100% since you only followed the instruction of the seller that as you soon you received the item ship it back immediately.”

If you have a transcript of that Chat, you may possibly be able to get a refund, without the seller being penalized, after you have filed and lost your Claim, by appealing again to customer service.

I recently had good luck with the 
https://www.facebook.com/ebay reps, although after waiting one hour (by the clock) I gave up and came back the next day.
The same Chat was still open, and the problem was immediately resolved. Apparently someone had looked at my explanation, with tracking numbers, and resolved the question to the satisfaction of my buyer and me.

[colmanjones · Accepted solution]

You are thankfully mistaken. A full refund has been issued to me by Ebay, as I was sent the wrong item (not as described) and followed the seller’s return instructions exactly.

[reallynicestamps]

EXcellent result!

I believed the seller was trying to be helpful and feel confirmed about that.

Most people are honest.