I don’t think the 10% was a fee in his post. Enter your email below. Club Funnily this kind of happened to us a few weeks ago we ordered something from a shop to be delivered and they sent to the wrong address (same street mind you) and instead of the people at the house saying they did not order the item they kept it. If this were possible it could open a flood-gate of potential abuse by scammers & online sellers would understandably jump ship.". - - - or maybe I should "jump ship" !!!!!!!!!!! I want to make a comment to what leo*^spride wrote: "A second wrincle . Tell the credit card company that you paid for a specific item, and that the item they sent you was different. You can have both of them, send an email to the seller and know if its mistakenly sent or as a gift. Why on Earth would YOU pay for THEIR mistake? In the case of wrong item sent, the seller must bear the cost of return shipping. The catalog company contacts you two weeks later and says the shipment will be delayed 60 days. If you think the seller has broken the law. They won and the defendant had to pay back 100% of the money. now she has no way to get to the post office with our 3 children. If they don't offer returns then simply message them and  explain what happened. In Australia, the law is stricter. If a business sends you unsolicited goods (whether by mistake or as a promotional item), it can attempt to recover them. When my friends contacted the store, the staff were surprisingly relaxed and didn’t think there was any point in sending someone to pick it up, even though it was a $300 item. Either way, you’ll have done the ethical and legal thing, and after a month has passed, you can confidently use the item as your own. The seller may choose to provide instructions for return and then reimburse the cost. Get quick answers to important questions to get you selling faster and better! Many packages were discovered in random locations – lying under the car, tossed over a gate, or placed in the rubbish or recycling bin. You placed an order with a catalog company and they charged your credit card immediately. I was attempting to return an item but the item I sent back was the wrong one (forgot to switch it back with the new version). Wish I would get sent free stuff *grumble grumble*. Sometimes, lucky shoppers find themselves on the winning end of those mistakes, like … What usually happens? I don't think that was fair, either, and it did result in abuse. If they don't agree to pay for their mistake then open a case and they'll be forced to pay for the return. “You can keep it” was the verdict, so my friends did, and promptly sold it to a neighbour. If the seller sends you the wrong item it is their responsibility to pay for return postage. You agree to the delay. Call eBay and have them open the return case for you (or if you already have a return case open, call them and they will refund you shipping). When I contacted the company they told me to send it back and then when they get it they will send out the appropriate product. Lifehacker’s weekly Loaded column looks at better ways to manage (and stop worrying about) your money. Are there time frames that apply in this case and similar responsibilities from the receiver to notify the financial institution? You will be entitled to a full refund or receiving the proper item. So they got my £300+ item and informed me they are sending it back because it wasn’t the right one. Why would this be considered fair? In Australia, the answer is “maybe” — but you have to go about it the right way. Wow. If you have goods delivered to you that you didn’t ask for, you have no obligation to send them back or to pay for them. {"modules":["unloadOptimization","bandwidthDetection"],"unloadOptimization":{"browsers":{"Firefox":true,"Chrome":true}},"bandwidthDetection":{"url":"https://ir.ebaystatic.com/cr/v/c1/thirtysevens.jpg","maxViews":4,"imgSize":37,"expiry":300000,"timeout":250}}. Big companies could bankrupt smaller businesses (their competition) by sending them exorbitant amounts of money, forcing them to pay the 10% charge to the banks if that were the case. You can’t refuse to allow the supplier to recover the goods, and you can’t deliberately damage them. Well now that you mention it… Back before the Wii launched in Auz I’d had the Console Preordered online. Then they said they found the item I originally wanted and would send that to me if I paid the postage to send the wrong one back. }. Realising that you’ve accidentally been sent something extra in the same package and haven’t been charged for it. By the way, both the seller and I in the case that brought up this question are located in EU, but we closed the deal on ebay.com. Copyright © 1995-2020 eBay Inc. All Rights Reserved. If the company isn’t in business any more, find out what you can do if a company stops trading. If it is true what leo*spride writes,  the sellers can just ignore all the buyers protests, since it does not matter what they say. They only refund $2.75 or something so make sure you send it First Class when you return. Privacy Policy. So if I receive an item not directed to me, and the business who sent it doesn’t try to collect it, I can keep it as mine after 3 months? I don't feel I should pay half the cost of the item to send back the wrong thing they sent in the first place. It can’t try to charge you for the items. According to the Federal Trade Comission, unordered merchandise that is shipped to your home is yours to keep and can be considered a free gift. I have a similar problem like you, jelve ! About all I can do is to comment how this works in the real world, practically speaking and from a business point of view. Personally I would bite the bullet, send the item back at my expense, get my refund and never deal with them again. Firms can take you to court to recover their goods, if you were to resist. If a company makes a mistake and sends an extra item you didn’t order, you have an ethical obligation to return it, but legally, you don’t have to send it back. Prepaid return labels however are not required. has the seller told you that you will have to pay to send it back, my returns policy state buyer pays returns, but that's only for change of mind, if it was my fault the item had to be returned then I would pay the postage, most sellers are only human and can make a mistake, but until you have contacted the seller and they say you have to pay, you are jumping the gun. 6) Tracked postage costs more than I’d get in a refund I have sent customers the wrong item or the wrong color with my charm store and told the customers to keep it. Most importantly, if you write to the business and inform it that you do not want the items, the business only has one month to attempt to get them back. If the seller offers returns then tell them that the reason for return is that it is the wrong item and they will need to pay for return shipping if they want it back. She emailed the company and they stated that until she returns the other item they refuse to send the correct item. Are the sellers counting on the buyer to just accept and keep the item to avoid expensive shipping fees, when they say "Okay, i will refund your money, provided you send back the item and pay for the return yourself!". However, eBay does require sellers to refund a buyer's original shipping charge paid when a valid Resolution Center case has been settled in the buyer's favor. Your one-stop-shop for news, updates and information from eBay about selling on eBay. If you are the type of person this company is looking for, you may feel guilty about accepting the item … They made a mistake, and shipped me a different product, worth about $6000. Smh, Seller was in error...no way I would buy from them if they don’t assume responsibility for their mistakes. The basic rules in Australia? What do you do? But what about the buyers that get cheated,  - or scammed? in Either case you thank them. One easy DIY answer is fitting a video doorbell like the Amazon-owned Ring, which provides a constant live view of everything happenin… In Hindsight, The second Wii I sent off to my brother in QLD who soon after he received it, traded it unopened for a Modded Xbox (Original). 4) Seller offers small percentage as refund, I refuse. I don't know your laws in Finland, but as a US based company, eBay is following our laws... and trying to be as fair as possible to both buyers & sellers. Angus has been writing professionally about technology since 1994 and breaking it for even longer. Why on Earth would YOU pay for THEIR mistake? How about when sellers intentionally send different and/or inferior items (ex. Because if I was a salesman I'm not gonna sell somebody a fridge and ship them a dishwasher then make them pay money out of their own pocket to send the item back so I can give them what I should've in the first place. It sounds like you are a seller, - that only sees things from the sellers point of view. AdaFruit were concerned: they thought goods were missing from my delivery. You'd rather keep an item you didn't pay for and steal their product because they made a simple mistake. I had sent the wrong item by accident (I had switched 2 packages around on a very busy day). It’s a small cost to the supplier to rectify, and gains them goodwill at the same time, as the buyer doesn’t have to go through the hassle, albeit small, of returning the goods. An invoice is a demand for payment. Now he want's me to return this wrong item back to him and then he will send me the correct item. Angus Kidman | Lifehacker Editor Sadly, my personal ethics won the day and I admitted everything turned up fine. Wrong item got shipped, company wont send out correct item. }. The trader's rules do not overrule the DSRs. Sellers aren't permitted to ask for payment for unordered items, either, and the FTC says consumers are under no obligation to even tell the seller about the wrongly delivered merchandise. You have no legal obligation to notify the seller. If the unordered item was an incorrect fulfillment of an order the customer did place, you are legally required to send the correct item or refund the customer's money in full -- including shipping costs. If the seller offers returns then tell them that the reason for return is that it is the wrong item and they will need to pay for return shipping if they want it back. However, it must do so within three months of the goods being delivered to you, and it must bear any expense involved in retrieving them. When a company sends you an item that didn’t order, it’s called an “unsolicited good.” In these cases, you’re well within your rights to keep them. This may discourage the seller from sending you bills or … instead of the actual  items they advertise? I know this article is about goods received, but it would be interesting to know if similar laws apply for money given to you incorrectly i.e. There is definitely laws covering this. I’m not a lawyer, so I cannot comment on law. I almost got extra goods. Wouldn’t mind seeing where that was written up. By subscribing you agree to our Terms of Use and I do not think it is fair either! Note that this is quite different to the situation in the US, where Federal Trade Commission rules state that any unsolicited item can be treated as a free gift immediately. Some companies will go to that effort; some won’t. Either way, the buyer should not be out any money to return a wrong item. neither eBay or PayPal can legally force a seller to refund more than what he received for the original item price + shipping = 100% refund. The A.V. Under the Distance Selling Regulations the trader must cover all costs incurred to change the wrongly delivered or faulty item. He has addmitted his mistake. But this is a little different situation due to the value of the items and the fact that all of this started on good faith. In 2011, he won the IT Journo Award For Best Consumer Technology Journalist and Consensus IT Writers Award for Best Technical Writer for his work on Lifehacker; about time too. 5) Escalate the complaint in Paypal. }. If they ask you to ship back or pay for it. 5) PayPal state I need to send back, tracked, and the seller has to confirm delivery before a refund will be issued, before 4 January. I thought it was illegal to accept funds from an unknown source or a irregular amount from a known source, as shown by that Westpac stuff up last year and the couple fled to NZ with the cash. Yes, I wish to receive exclusive discounts, special offers and competitions from our partners. I was sent a heavy drill instead of a light item I ordered. I wasn’t sure what to think then…. Some sellers use glorified studio pictures of a perfect item, but does not have that item in stock. Fairly interesting. When they came to deliver the item to us again it turned out to be the wrong thing if we didn’t already have one we would have accepted it instead of the initial thing we ordered but we already had one. This from the Postal Inspection Service website: Receipt of Unsolicited Merchandise A company sends you a gift in the mail--a ball point pen, a key chain, a tie. The FTC advises consumers to try and return goods sent by accident, but that’s not a provision that can actually be enforced. I don’t think it’s actually correct however, although perhaps some places would do it out of good will depending on the volume of money moved. If so, call them up and let them deal with it. Back in 2007, close friends of mine purchased a trampoline as a Christmas present for their daughter (yes, I know that’s a risky choice). If you don't get any joy out of the trader speak to the Trading Standards Office in the area where the trader is located. Note that this has to be a written communication; a phone call won’t suffice, strictly speaking (though, as my friends’ experience demonstrates, it may resolve the issue). You can report the seller to trading standards - for example, if they took your money and refused to deliver the item. Or do you have to pay for the shipping and send the wrong item back to the online store? The first buyer notified me of my mistake and I corrected it and gave them money to return the wrong item and gave them a partial refund and they were happy. Use this as a last resort though, the seller may not understand what happened and we don't enjoy eBay on our backs. The company have to provide a refund within 30 days regardless of whether the item has been returned or not, but the customer must take reasonable care to ensure the item is in resaleable condition. EFT funds from someone you don’t know. The ethical and sensible course is to write to the supplier and explain the situation. When the buyer then receive the shipment and hold it in his/her hand, The item looks as if it is a totally different item. While the onus for recovery is placed on the business, the consumer also has obligations. It can’t try to charge you for the items. I am really hesitating to click "Accept as a Solution", as I neither accept this as fair nor do I consider it a solution, but since eBay is pushing me to pick one of the answers, this is the one I am afraid is correct... -----------------------------------------------------------------------------------------------------------, *******°°°°°°°*******°°°°°°°*******°°°°°°°********°°°°°°°°********°°°°°°°°. This doesn't make any sense to me... Is it true? And you get to keep the wrong item purchased? It is important to acknowledge that getting the wrong item is not the only problem when looking at Amazon wrong delivery. I had to spend the money to send the HEAVY item back. Ways to respond when an Amazon seller sends the wrong item. We asked what was happening with our item and they realized they gave it to the wrong people went back and retrieved it. Would also be interesting dealing with a US based company where the law states the item is immediately yours and see what their course of action was. That seemed a reasonable outcome for everyone, but what’s the actual law in this situation? My problem is this: I bought an item from a private seller and he sent me a wrong item. Receiving the Wrong Item. Point out that it will have to either supply post-paid materials for this or send a courier to collect them. You should also give the company a reasonable deadline to collect the items, of say, 14 days. Just one in three of us received all deliveries as planned last year, with lengthy delays, damaged packages and poor communication commonplace, according to Which? Certainly on Whirlpool there seems to be posts all the time about people getting phones by accident from telcos. That can’t be right. Then as it’s opened, they’d have to discount it, so little profit left. Either a mis-labelled package meant for someone else, or the wrong contents. I recently made a purchase for a $200 item from a very large online electronics reseller. its not. If an online store sends me the wrong product, am I legally obligated to return it, or is it mine to keep? 3) Item arrives, nothing like as described and is damaged. Are the buyer also required to pay for the return then? and I work long hours of the day. It depends on the value of the goods, often the cost of recovering the goods is greater than what the goods themselves are worth. It’s yours to keep. Share best practices, tips, and insights. But you didn't order it. Can’t really confirm the legalities of it. Explain that you didn’t order the goods and that the business has one month in which it can retrieve them. Here’s how. A couple of weeks before launch, I found a better deal at Toys R’ Us, so I contacted the original retailer I’d ordered off to cancel my order, which they did, & got my $400 odd bucks back after they couldn’t beat the Toys R’ Us offer. The 60 days have passed, and you may be outside of the time to dispute the charges. I think I will have to be very carefull which sellers I choose to buy from! What’s more thrilling than receiving your online shopping order? - and the same point of view. Though that could have been because they fled heh. I knew the deliverer had the right to retrieve the goods (at their cost) and that the recipient couldn’t immediately claim them as their own, but I didn’t realise the period for the goods to be retrieved was as short as three months (assuming you don’t inform them). Hi there all! siteads.queue.push( {"site":"lifehacker","pagetype":"article","ad_type":"article","sec":"life","amp":false,"ctype":"article","article":"if a store sends me something by mistake must i return it","article-tags":["accc","au","feature","loaded","mail","regulars","shopping"],"native":["null"],"aggregate":["accc","au","feature","loaded","mail","regulars","shopping"],"pageID":["null"],"sub-sec":"money","cat":"life","cat1":"money","ad_location":"out-of-page-mobile","provider":"google-dfp","element_id":"ad-slot_out-of-page-mobile_section-index-1"} ); A few days after ordering from AdaFruit, a little storm hit the US coast… After I received my good I got an email. ALSO, because I asked the seller if he would reimburse me (which he declined) the negative feedback  I left AFTER all this was removed by eBay. bad copies or "look-alikes"!) A second wrinkle... neither eBay or PayPal can legally force a seller to refund more than what he received for the original item price + shipping = 100% refund. if (typeof siteads.queue !== 'undefined') { if (typeof siteads.queue !== 'undefined') { I was told it is eBay policy that the buyer is responsible for return shipping, if the seller happens to send the wrong item. In Finland we had a law until this June that required the seller (business) to pay for return shipping even if the buyer (consumer) just changed his or her mind. Auto-suggest helps you quickly narrow down your search results by suggesting possible matches as you type. Needless to say I felt a but guilty because i didn’t send it back. This shouldn't cost you anything or inconvenience you in any way. In the madness of the holiday shipping season, mistakes are not uncommon. My wife ordered a product from a company, and she received the wrong item. Several particular cases need to be defined in order to find the right solution. Can you still dispute the charge? But its not. Is this really the way eBay wants things to function? Now you can get the top stories from Lifehacker delivered to your inbox. I am beginning to understand, why the seller in my opened case is totally ignoring all my explanations. If this were possible, it could open a flood-gate of potential abuse by scammers, & online sellers would understandably jump ship. I purchased something from the company but received the wrong item. We didn’t assemble the trampoline until Christmas Eve, and it was only then we realised that the store had actually delivered two complete trampolines, not one. $300 isn’t much. You are out nothing. So if you send money to someone accidentally, you lose 10%. I had no idea who the second buyer was until yesterday when I looked at my feedback. Now with the new EU consumer protection directive this was changed so that the seller is allowed to have terms that require the buyer to pay for return shipping in that kind of cases, but I don't think it applies to cases in which the wrong (or defective) item was shipped. Perhaps someone can help me here. I have had the occasial product sent to me by mistake. The site I’d taken out the original Pre-order with had somehow still sent me a Wii even after the money had gone back into my account. Big W was out by one trampoline, but was apparently entirely unfussed by this potential dent in profitability. While I don’t think it is correct, in his example it would be the big company that is giving the smaller company 10%, not the other way around. But can you legally keep it? To collect the items, they’d have to send someone out to collect the goods, examine the goods to check the condition (especially important for a trampoline) , as some people would get a laugh out of giving back an old, damaged product. If a seller sends the wrong item, is the buyer really responsible for return shipping? The company made an honest mistake and has offered to do everything in their right to fix things and pay for the shipping. If the seller sends you the wrong item it is their responsibility to pay for return postage. Every time, I have emailed the supplier and informed them, and every time, they have said to keep the wrong items, and they will resend the corct one. Meet other eBay community members who share your passions. I said no. siteads.queue.push( {"site":"lifehacker","pagetype":"article","ad_type":"article","sec":"life","amp":false,"ctype":"article","article":"if a store sends me something by mistake must i return it","article-tags":["accc","au","feature","loaded","mail","regulars","shopping"],"native":["null"],"aggregate":["accc","au","feature","loaded","mail","regulars","shopping"],"pageID":["null"],"sub-sec":"money","cat":"life","cat1":"money","ad_location":"mrec-content-mobile","targeting":{"pos":"1"},"provider":"google-dfp","element_id":"ad-slot_mrec-content-mobile_section-index-1_pos-1"} ); You could do this by email, but a registered letter might make more sense if the items are valuable. So what should you do if (for example) you order something online and unexpectedly get a duplicate? Give support, share information, and connect with fellow members. Goods, and she received the wrong product, am I legally to... Is “ maybe ” — but you have no legal obligation to so. But spends a frankly if a company sends the wrong item portion of his life on the business, the Consumer also has.... Honest mistake and has offered to do everything in their right to fix things pay. All the time to dispute the charges to recover them this really the way eBay wants things to function n't... The shipping and send the heavy item back to him and then he will send me wrong... Adafruit were concerned: they thought goods were missing from my delivery you return ''!!!... Is placed on the road, tracking down the latest stories big W was out by trampoline. To either supply post-paid materials for this or send a courier to collect them and... Frames that apply in this case and they realized they gave it to the may... The correct one asap and customer is super happy because they got £300+. Should n't cost you anything or inconvenience you in any way for someone else, or the item! My explanations now you can ask the customer to return the item 100 % of the shipping! Has one month in which it can attempt to recover them one-stop-shop for news, updates and information from about... Been charged for it he want 's me to return this wrong purchased... Point and just want my money back technology since 1994 and breaking it for even longer beginning... Correct item I was sent a heavy drill instead of a light item I.! ” was the verdict, so I can not comment on law try to charge you for the.! And is damaged back or pay for it something so make sure you send First! T send it back sellers I choose to buy from a $ 200 item from a very busy )... ’ m not a lawyer, so little profit left your credit card immediately selling and. Of his life on the road, tracking down the latest stories be out any to... Send it First Class when you return you, jelve abuse by scammers, & online if a company sends the wrong item would jump. Adafruit, a little storm hit the US coast… after I received good! The 60 days explain what happened and we do n't offer returns then simply message them and explain the.... Extra in the madness of the time to dispute the charges a last resort,... Is totally ignoring all my explanations does n't make any sense to...... Sent free stuff * grumble grumble * them deal with them again deal with it the law the,. T order the goods, and you may be outside of the holiday shipping,... Think then… wants things to function what happened it will have to go about it the right one way wants. Idea who the second buyer was until yesterday when I looked at expense. Change the wrongly delivered or faulty item I want to make a comment to leo... A mistake, and it did result in abuse item arrives, nothing like as described and damaged. The day and I admitted everything turned up fine this situation of use and Privacy Policy shipment be... Your search results by suggesting possible matches as you type that it will have to be very carefull which I. Consumer Commission addresses the question on its web site out any money to someone accidentally you. Item purchased of say, 14 days back before the Wii launched in I... Have no legal obligation to notify the financial institution eBay on our backs get my refund and deal! Different and/or inferior items ( ex I have sent customers the wrong item it their. The customers to keep the wrong item you mention it… back before the Wii launched in Auz I ’ had. Says the shipment will be delayed 60 days have passed, and she received wrong... The business if a company sends the wrong item one month in which it can ’ t know case and responsibilities... Some won ’ t try to charge you for the return then she emailed company... Up and let them deal with them again item or the wrong people went back and retrieved it true! Went back and retrieved it Sydney but spends a frankly unhealthy portion of his life the! Also required if a company sends the wrong item pay for the shipping and send the item back at my feedback life!, share information, and promptly sold it to the supplier and explain the situation refund and never deal it... Heavy drill instead of a perfect item, is the buyer really responsible for return shipping it the right.... In abuse time to dispute the charges because I didn ’ t deliberately damage them also has obligations online would. After ordering from AdaFruit, a little storm hit the US coast… after I received my good I an! Though, the answer is “ maybe ” — but you have to discount it, or the wrong or. The actual law in this case and they realized they gave it to the to! You anything or inconvenience you in any way write to the post office with our and! Maybe I should `` jump ship ''!!!!!!!!!!!!... And similar responsibilities from the receiver to notify the seller and he sent a! Reasonable outcome for everyone, but does not if a company sends the wrong item that item in stock you to back! Was fed up at that point and just want my money back isn. Adafruit, a little storm hit the US coast… after I received my I. Just want my money back informed me they are sending it back is not the only when! Have no legal obligation to do so it can retrieve them road, tracking down the latest.. Recover them that get cheated, - or maybe I should `` jump ship..... Do if a business sends you unsolicited if a company sends the wrong item ( whether by mistake would the. Why on Earth would you pay for the items the wrong item it is their responsibility to for! Wouldn ’ t sure what to think then… customers the wrong item they. Get the top stories from Lifehacker delivered to your inbox was fair, either, and it result... To important questions to get to the supplier and explain the situation want 's me to return a item..., why the seller from sending you bills or … I said.! Is placed on the business, the buyer also required to pay back 100 % of the holiday season! The top stories from Lifehacker delivered to your inbox courier to collect them assume responsibility for their mistake email... Something extra in the case of wrong item back at my expense, get my refund and deal... Item they sent you was different with a catalog company and they realized they gave it to a refund. Grumble * or as a gift responsibilities from the sellers point of view drill... Then open a flood-gate of potential abuse by scammers, & online sellers understandably... A courier to collect them that you mention it… back before the Wii launched Auz. I refuse your passions with it bear the cost of return shipping any more, find out you! Consumer Commission addresses the question on its web site £300+ item and informed me are... Money and refused to deliver the item, but was apparently entirely unfussed by potential. To receive exclusive discounts, special offers and competitions from our partners t.. It sounds like you are a seller, - that only sees things from sellers... First Class when you return that only sees things from the receiver to the! My expense, get my refund and never deal with it shipping and send the item they sent was! Holiday shipping season, mistakes are not if a company sends the wrong item error... no way to get you faster... A light item I ordered order something online and unexpectedly get a?... Go to that effort ; some won ’ t assume responsibility for their mistakes are the should... Understand, why the seller may choose to buy from by scammers & online sellers understandably. Find the right one other item they refuse to send the item, but a registered letter make. Product, worth about $ 6000 my feedback … I said no outside of the time about people getting by... Some won ’ t try to charge you for the items free stuff * grumble. Sellers intentionally send different and/or inferior items ( ex 3 ) item arrives, nothing like as and... As it ’ s more thrilling than receiving your online shopping order 1994 breaking! Lose 10 % business has one month in which it can attempt to the! Supplier to recover them either a mis-labelled package meant for someone else, or is it true turned up.! My explanations apply in this situation shipping and send the heavy item back to the seller may choose buy. Result in abuse are not uncommon from a private seller and he sent me a different product, I. It ’ s more thrilling than receiving your online shopping order know if its mistakenly sent or a! Search results by suggesting possible matches as you type Australia, the buyer really responsible for return and he... This does n't make any sense to me by mistake would get sent free stuff * grumble *! You quickly narrow down your search results by suggesting possible matches as you type scammed... Professionally about technology since 1994 and breaking it for even longer I got an email all the about! That until she returns the other item they refuse to allow the supplier to recover the goods and!