eBay error - WWYD?

[jenni232323]

SHORT VERSION - eBay auction for right item, guy sent wrong via $30 USPS - I want to return to him, and offered to be out $30ish, for something that was not my error:
Paid auction $190.50 which was won at $185+$5.50 shipping
less $15.50 or about half of your $30.50 for your expedited shipping
less $15 estimated return shipping.


LONG VERSION (I am wordy)
I bought H a used phone off eBay 12/17 last Monday. The auction had the right model listed SGH-T769 Samsung Galaxy S T Mobile. I won the auction at $185 + $5.50 shipping = $190.50.

The guy sent is expedited shipping via USPS (we didn't discuss this but he did know it was a Christmas present - the USPS tag said $30, auction shipping was $5.50), and I got it Wed 12/19. The phone looked different so I checked the settings/model and it's a SGH-T959V which is still a Galaxy S but a much lower end model (eBay those for around $100).

I contacted him and he wants me to re-list on ebay and I'll "will have bids and sold within few days and will make ur money back".
He also side offered to refund the money but noted he paid $30 shipping to get it to me and he doesn't think it'd be fair to him to refund the whole amount. (I understood shipping costs as $5.50 per the auction).
I've since bought another one from a different seller and it should be in here this week.

I offered to take a hit on some of the $ and I'm waiting to hear back from him. I suggested:
I would like to return the phone to you and have you issue a refund of $175.
I do understand you paid around $30 in expedited shipping which was not expected or discussed but appreciated. I will pay the return shipping to you via UPS residential delivery.
I will be out a total of $30.50 for something that was not my error:
Paid auction $190.50 which was won at $185+$5.50 shipping
less $15.50 or about half of your $30.50 for your expedited shipping
less $15 estimated return shipping.

Does that sound reasonable?

[crispnclean]

I don't think you're obligated to pay any of the costs to return an item if the item which you receive was not the item which you purchased. It's his fault for choosing to expedite the shipping without charging for expedited shipping, and it's his fault for sending you the wrong product.

[kwynn]

Dec 26, 2012 15:19:37 GMT -5 crispnclean said:

I don't think you're obligated to pay any of the costs to return an item if the item which you receive was not the item which you purchased. It's his fault for choosing to expedite the shipping without charging for expedited shipping, and it's his fault for sending you the wrong product.

He's being sketchy. Completely sketchy. He wants YOU to relist it? Oh no way.

I'd send it back (I'd make him send me a postage thing and make him insure it). And if he won't refund your money, eBay and Paypal almost always side with the buyer.

I feel like he pulled a fast one.

I own a business, and I understand that, when I screw up, I lose money, not the customer. And I do expedited shipping all the time for free as a courtesy and never bring that up to the client--that's MY choice.

[cahabalily]

He's in the wrong and could be blocked from eBay for misrepresentation. He owes you 185, you owe him that phone. Period. I'd give him 24 hours to verify that agreement and then file a claim through PayPal. In fact, I would go ahead and notify PayPal so he doesn't transfer your money and close the account to bail out.

[Deleted]

That sounds more than reasonable. I agree with what crispnclean wrote.

[mrssavy42112]

Dec 26, 2012 15:19:37 GMT -5 crispnclean said:

I don't think you're obligated to pay any of the costs to return an item if the item which you receive was not the item which you purchased. It's his fault for choosing to expedite the shipping without charging for expedited shipping, and it's his fault for sending you the wrong product.

:Y:

Also, WTF with having you relist it and sell it yourself? Sounds like a scam to me. Get the full refund of purchase price and leave negative feedback.

[jenni232323]

Thanks ladies. The auction said no returns, but also notes it's protected through eBay buyer protection policy. I'll notify Paypal right away - I looked last week and couldn't easily find how to contact them. I already talked to my credit card company and they said I'm covered on their end too.

If he doesn't accept the offer I emailed him today, I'll go the other route and get reimbursed for it all. I was just trying to help him out.

[vegas]

He is being extremely shady. Do not send anything back to him unless he refunds you the full amount first, including the cost of return shipping. Even better, make him pay for a pre-paid shipping envelope like a pp suggests. If you pay the return shipping and send it back to him what's to stop him from just keeping the money AND the phone. He likely has proof the item was sent to you and received so it would be your word against his about sending the phone back. Go through paypal/ebay even if he agrees. It's more hassle but it will ensure he doesn't try any funny business.

[cahabalily]

Good for you. I honestly would stop emailing with the seller. He clearly is trying to con you, and isn't following ebay's user agreement. Just go directly through them and PayPal and they can tell you what to do.

[mrssavy42112]

The 'no returns' part isn't applicable here because he did not send you the item listed. So he is in the wrong, not you.

[Deleted]

Dec 26, 2012 15:35:37 GMT -5 jenni232323 said:

Thanks ladies. The auction said no returns, but also notes it's protected through eBay buyer protection policy. I'll notify Paypal right away - I looked last week and couldn't easily find how to contact them. I already talked to my credit card company and they said I'm covered on their end too.

If he doesn't accept the offer I emailed him today, I'll go the other route and get reimbursed for it all. I was just trying to help him out.

Yeah, that means "no returns if you change your mind". That doesn't apply if the seller didn't send you the right item. Otherwise, what's to stop everyone from selling fake items and scamming buyers? Ebay will take care of you if this is not the item the listing said you purchased.

Honestly your offer was nice but if it were me I'd rescind it and just ask for a full refund and returning the item at his expense. This is not your fault and if this was an honest mistake on the seller's part, he'll learn a lesson here and be more careful next time. If this wasn't an honest mistake, he's trying to scam you and you shouldn't let him get away with it.

[nookworm]

File a complaint through eBay customer protection. You can return since he did not send the agreed upon product. I would stop talking to him at this point and let eBay handle it.

[dexteroni]

I wish you had posted before sending that offer so we could have talked you out of it. Why you would volunteer to be even $1 out of pocket for this, let alone $30, is baffling to me. This seller is negligent at best, a scammer at worst. I agree with the suggestion to rescind your first offer and ask for a full refund, and free return shipping.

[jenni232323]

All great advice. I just opened a dispute through PayPal. It was simple, I don't know why I couldn't find it last week. I was probably frantic.

ETA - I asked for $185 on the PayPal dispute (auction price, less $5.50 shipping).

[mrssavy42112]

Dec 26, 2012 15:48:43 GMT -5 jenni232323 said:

All great advice. I just opened a dispute through PayPal. It was simple, I don't know why I couldn't find it last week. I was probably frantic.

ETA - I asked for $185 on the PayPal dispute (auction price, less $5.50 shipping).

Did you pay for shipping? If you did, then that should be refunded too.

[jenni232323]

Dec 26, 2012 15:48:43 GMT -5 dexteroni said:

I wish you had posted before sending that offer so we could have talked you out of it. Why you would volunteer to be even $1 out of pocket for this, let alone $30, is baffling to me. This seller is negligent at best, a scammer at worst. I agree with the suggestion to rescind your first offer and ask for a full refund, and free return shipping.

Yeah, I wish I would have also.
Oh well, it's filed now through PayPal. They say "We encourage you to use the Resolution Center to communicate directly with SELLER to resolve this problem." - didn't know about that feature before, should have had all communication through them since 12/20.

[LoveTrains]

Yeah this guy is a total scammer. What an asshole. You shouldn't be out $1 for his mistake.

[EloiseWeenie]

This guy sucks. I will say, that there are lots of different models of the Samsung Galaxy, and there are a surprising number of people that don't know which model they have.

My H buys used phones all the time (Bookoo, Craigslist), and has often met up with people that listed the wrong model phone. This guys sounds like a scammer though, Ebay will back you up.

[jenni232323]

He emailed me just his address last night in response to my email to him. I told him to refund the amount and I'd ship it back to him @ my cost (my freight is covered through my work).

@eloiseweenieskipperdee - yep, that was his excuse that he said Galaxy, but his post title was for the right model, not the one he had. Ebay "helps" with their generic specs when you type in the model number, but for this one he chose the wrong model number.

I wanted to give him the benefit of the doubt, scammers suck.
I'll let you all know how it turns out.

[LoveTrains]

Definitely wait until you get the money to send the phone back!! Good luck.

[nonsenseabound]

A true scammer would not have expressed shipped that phone. But he needs to know the agreement and return your money. He sounds lazy.

[rubytue]

Also, when you ship it be sure to keep your receipt and tracking number. Personally, I'd take photos of the wrong item and photos of it in the shipping box. Thus guy sounds like a complete scammer. If you have the tracking number and receipt, PayPal/eBay should consider that proof you sent it back.

[juliahenry]

Do not relist. He should pay all costs associated with his error, you should not pay any. Return, ask him to refund you the whole amount you paid, and open a dispute if necessary.

This guy sounds sketchy to say the least.

[juliahenry]

Dec 27, 2012 8:52:54 GMT -5 LoveTrains said:

Definitely wait until you get the money to send the phone back!! Good luck.

I don't think eBay let's you do that. Send it back with insurance and tracking info and sort it out through eBay if necessary. And it's with taking pictures etc

[flymetothemoon]

In addition to insurance and tracking info, it doesn't hurt to have either delivery confirmation or signature confirmation if you do USPS or require a signature for receipt if you do UPS or Fedex. Given what appears to be scammy behavior, I'd absolutely make sure a signature by the receiver is required and have explicit instructions that UPS or Fedex can't "sign" for the box and drop it off like they occasionally do.

[Deleted]

*shakes head*

Don't ship it back through work. Your company shouldn't have to pay for it either!

Further, can you do things like delivery confirmation and tracking through work? For free? I mean I assume that is possible but won't that cost your company even more?

I'd email him back and say you opened a dispute and that you're going to wait to hear a resolution before sending it back. Now that you've involved ebay you should let them instruct you on what happens next, NOT the seller.

I still don't think you should pay any shipping, either to or from this guy. This was not your mistake and you shouldn't be out any money.

[RoxMonster]

Yep I agree on requesting a signature upon delivery. I wouldn't put it past this guy to say he never received it, though he did.

[vegas]

Dec 27, 2012 9:12:26 GMT -5 juliahenry said:

Dec 27, 2012 8:52:54 GMT -5 LoveTrains said:

Definitely wait until you get the money to send the phone back!! Good luck.

I don't think eBay let's you do that. Send it back with insurance and tracking info and sort it out through eBay if necessary. And it's with taking pictures etc

You are right, if they go through paypal/ebay dispute resolution center you have to ship it back first and provide a tracking number. Once it is received the seller has to deposit the money in your account. But it sounds like they didn't go through paypal/ebay to ultimately reach a resolution. In that case I would absolutely require that he refund the money first.

I went through this recently with a seller. I bought a $100 item that was described as new but was definitely used. The seller wanted me to send it back and THEN she would refund me. So I'd be out the return shipping, the cost of the item and the cost of the original shipping. I told her she could either refund the entire amount including return shipping or I'd go through ebay.

[jenni232323]

The emails have been through eBay between me and the seller - not just our personal email accounts. I didn't know about starting the dispute first through PayPal, so didn't do that until yesterday. I am more than happy to provide a tracking number (UPS) to the dispute center if they let me know they need that.

Good to hear about eBay and PayPal helping out so well - I'm looking forward to being done with this!

Has anyone called/emailed the dispute center, or just opened the dispute via their website?