Re: Seller mailed wrong item

[Don Lancaster]

On 9/22/2012 2:06 AM, Marina wrote:
> I received the wrong item. I emailed the seller to let her know. She sent
> me a $7 refund thru PayPal for me having to ship it to.....another buyer!
> She sent me the name and address of the buyer who has my item. Then she
> sent me another email giving a different name and address of the other
> buyer. Boy, is she mixed up.
>
> I don't think this is right for me to mail the item to the other person.
> Cuz what happens if the other buyer never sends me the correct item or else
> if it gets lost or damaged in the mail.
>
> I want to just return the wrong item to the seller and when she gets back
> my item she can mail it to me. Do I need to file a case with eBay to show
> that I'm returning? Or do I just mail it back with tracking on the
> package?
> Marina
>


Treat the unwanted item as a gift.
You are under no obligation whatsoever to do anything with it.

File a non-delivery complaint on the undelivered wanted item.
You are still owed the purchase price on the original item.

--
Many thanks,

Don Lancaster voice phone: (928)428-4073
Synergetics 3860 West First Street Box 809 Thatcher, AZ 85552
rss: http://www.tinaja.com/whtnu.xml email: d...@tinaja.com

Please visit my GURU's LAIR web site at http://www.tinaja.com

[Craig 'Lumpy' Lemke]

Marina wrote:
> I received the wrong item...

Get the seller to ship you the right item.
Everything else is secondary and non-obligated.


Lumpy

You Played on Lawrence Welk?
Yes but no blue notes. Just blue hairs.

www.LumpyMusic.com

[Ignoramus29359]

Ever since I bought my warehouse building, I get a lot of "presents",
mailed to the business that occupied this building previously. Pretty
valuable stuff too.

i

[Don Lancaster]

On 9/22/2012 1:04 PM, Ignoramus29359 wrote:
> Ever since I bought my warehouse building, I get a lot of "presents",
> mailed to the business that occupied this building previously. Pretty
> valuable stuff too.
>
> i
>

The only little problem is that Bruno's cousin may show up.

I think I would age anything super valuable for six months or so.

Particularly any specialty herbs or spices.

[Ignoramus29359]

On 2012-09-22, Don Lancaster <d...@tinaja.com> wrote:
> On 9/22/2012 1:04 PM, Ignoramus29359 wrote:
>> Ever since I bought my warehouse building, I get a lot of "presents",
>> mailed to the business that occupied this building previously. Pretty
>> valuable stuff too.
>>
>> i
>>
>
>
> The only little problem is that Bruno's cousin may show up.
>
> I think I would age anything super valuable for six months or so.

I always age anything super valuable.

[PeterD]

On 9/22/2012 4:04 PM, Ignoramus29359 wrote:
> Ever since I bought my warehouse building, I get a lot of "presents",
> mailed to the business that occupied this building previously. Pretty
> valuable stuff too.
>
> i

Be very careful: if it is addressed to someone else, you are not allowed
to keep it. It must have your name on it (or no name) to fall under the
USPS rules for unordered merchandise.

Also, for the record, a 'wrong item' received is never a gift, and also
does not fall under the USPS rules for keeping unordered merchandise.

As to the original post:

1. File a INR/SNAD claim with eBay.
2. Do whatever eBay says to do.

or...

1. Return to the seller.

But in either or any case don't assume you can just keep it, that won't
work with eBay, or PayPal.

And show a bit of sympathy for the novice seller! Sheesh, the poor guy's
in a bad position, but maybe he's a basically honest and good guy trying
to get started.

--
I'm never going to grow up.

[Craig 'Lumpy' Lemke]

PeterD wrote:

> And show a bit of sympathy for the novice seller! Sheesh, the poor
> guy's in a bad position, but maybe he's a basically honest and good
> guy trying to get started.

He (she) might be basically honest and good. I didn't read that she's
new. But the nonsense about the buyer shipping it to some other buyer
is a happening waiting to problem.

Get the correct item shipped to me first. Deal with the error 2nd.

[Ignoramus11296]

On 2012-09-23, Craig 'Lumpy' Lemke <lu...@LumpyMusic.com> wrote:
> PeterD wrote:
>
>> And show a bit of sympathy for the novice seller! Sheesh, the poor
>> guy's in a bad position, but maybe he's a basically honest and good
>> guy trying to get started.
>
> He (she) might be basically honest and good. I didn't read that she's
> new. But the nonsense about the buyer shipping it to some other buyer
> is a happening waiting to problem.
>
> Get the correct item shipped to me first. Deal with the error 2nd.

It happened to me once, I mailed items while drunk, and cross shipped
them. The buyers were nice enough and shipped stuff to each other.

I never again ship while drunk.

As a matter of fact, I never ship anything at all, I have an employee
to do shipping, and I do not allow him to work while drunk.

i

[PeterD]

I did it once too, had the one customer ship back to me the extra item,
and sent another (replacement) to the customer who didn't get it. Again
honest buyers made this a pleasant experience, I'm glad I didn't loose
more than the shipping costs.

[DevilsPGD]

In the last episode of <k3n2jl$o3g$1...@speranza.aioe.org>, "Craig 'Lumpy'

Lemke" <lu...@LumpyMusic.com> said:

>PeterD wrote:
>
>> And show a bit of sympathy for the novice seller! Sheesh, the poor
>> guy's in a bad position, but maybe he's a basically honest and good
>> guy trying to get started.
>
>He (she) might be basically honest and good. I didn't read that she's
>new. But the nonsense about the buyer shipping it to some other buyer
>is a happening waiting to problem.

While I agree it's a problem waiting to happen, it's not really much
worse than hoping that the two people return the incorrect item.

However, I would absolutely get both of their permission first, before
revealing each other's address information. Revealing personal details
obtained through an eBay auction is against eBay rules.

--
The nice thing about standards, there is enough for everyone to have their own.

[googler]

Life happens, and people make mistakes. The golden rule is a good one.

Legally you could be a jerk, as the usuals advise here, or you might have a little compassion and help her out. You shouldn't be out any funds, and I assume she will make that happen. But to decide to keep the wrong item is dishonest, no matter how many arguments you can make that it might be legal.

Help her out, and I bet she'll help you out. What goes around comes around. Or be a jerk (hiding behind the "law") and wonder why your life is unhappy!

Ignore those who tell you to be mean. They'll pull you into the dark side.

[Don Lancaster]

On 9/24/2012 3:34 PM, googler wrote:

> Ignore those who tell you to be mean. They'll pull you into the dark side.
>

It is always darkest just before it gets completely black.

[Craig 'Lumpy' Lemke]

the Don:

> It is always darkest just before it gets completely black.

When I shop on eBay, I don't really care if I get my stuff.
I'm just there to recharge my Karma.


Lumpy

You sang all those car commercials?
You got it, Toyota.
www.LumpyMusic.com

[PeterD]

On 9/24/2012 6:34 PM, googler wrote:
> Legally you could be a jerk,

Actually legally there is only one option: return the wrong item to the
seller. One cannot keep a wrong item as a gift, at least not expecting a
refund of the price!

[Craig 'Lumpy' Lemke]

googler wrote:
> > Legally you could be a jerk,

PeterD:

> Actually legally there is only one option: return the wrong item to
> the seller. One cannot keep a wrong item as a gift, at least not
> expecting a refund of the price!

Legally, ethically, morally...it's all the same answer. Return the
item to the seller, on THEIR dime. Don't get involved with forward
shipping to some other buyer. But triage that to 2nd level with you
receiving the item you paid for. Seller shoulders any burden of error.
Buyer shouldn't be expected to offer relief for the seller by paying
or exercising anything more than he originally contracted to do.

I paid eleven dollars, I want a widget. Simple.

[Don Lancaster]

On 9/25/2012 6:58 AM, Craig 'Lumpy' Lemke wrote:
>
> googler wrote:
>>> Legally you could be a jerk,
>
> PeterD:
>> Actually legally there is only one option: return the wrong item to
>> the seller.

Bullshit.
Also not even wrong.

The FTC rules are quite clear.

Among many other web sources....


========================

... A woman responds to a newspaper advertisement offering a free
"trial" pair of pantyhose. She is surprised when she receives a package
of four, with a bill.

... A man receives a pocket knife that he never ordered. Despite his
objections, the company continues to send him dunning notices,
threatening his credit rating.

Thousands of people are placed in similar situations every year.
Fortunately, they do not have to pay for merchandise they did not order
because federal laws prohibit mailing unordered merchandise to consumers
and then demanding payment.

Here are answers to some questions you may have about unordered merchandise.

I RECEIVED AN ITEM OF CLOTHING THAT I NEVER ORDERED. AM I OBLIGATED TO
PAY FOR THE MERCHANDISE OR RETURN IT?

No. If you are sent clothing, cookware, linens, office supplies, or any
other merchandise that you did not order, you have a legal right to keep
the shipment as a free gift.

IF I KEEP UNORDERED MERCHANDISE FOR FREE, MUST I NOTIFY THE SELLER?

While you have no legal obligation to do so, sending a letter stating
your intention to keep the shipment as a free gift is an advisable
precaution. Your letter may discourage the seller from sending you
repeated bills or dunning notices, or it may help to clear up an honest
error. You may want to send your letter by certified mail and keep the
return receipt and a copy of the letter. This will help you to establish
later, if necessary, that you did not order the merchandise.

If you ever receive bills or dunning notices for unordered merchandise,
you can use the same approach. Write a letter to the company stating
that you never ordered the item and, therefore, you have a legal right
to keep the merchandise for free. Again, you may wish to send your
letter by certified mail and keep the return receipt and a copy of the
letter.

THE UNORDERED MERCHANDISE I RECEIVED WAS APPARENTLY THE RESULT OF AN
HONEST SHIPPING ERROR. WHAT SHOULD I DO?

Write the seller and offer to return the merchandise provided the seller
pays for postage and handling. Give the seller a specific and reasonable
amount of time (i.e., 30 days) in which to pick up the merchandise or
arrange to have it returned at no expense to you. Inform the seller that
after the specified time period has passed, you reserve the right to
keep the merchandise or to dispose of it as you wish.

IS THERE ANY MERCHANDISE THAT MAY BE SENT LEGALLY WITHOUT MY CONSENT?

Yes. Free samples that are clearly and plainly marked as such, and
merchandise mailed by charitable organizations asking for contributions
may be sent legally without an order from you. In either case, you may
keep such shipments as free gifts.

IS THERE ANY WAY TO PROTECT MYSELF FROM SHIPPERS OF UNORDERED MERCHANDISE?

When participating in sweepstakes or ordering goods advertised as
"free," "trial," or "unusually low priced," be especially cautious. Read
all the fine print to determine if you are joining a "club," with
regular purchasing or notification obligations.

Also, if you are considering a purchase from a mail order company, learn
as much as possible about the company's reputation and return policies
to avoid a substitution problem. When placing an order by phone, keep a
record of the name of the clerk who takes your order; the company's
name, street address, and phone number; the price, description, and item
numbers of the merchandise you ordered; the total cost of the order; the
method of payment you used (e.g., check, the credit card, C.O.D.); the
method of shipment and anticipated delivery date; and the date you
placed the order. When ordering by mail, make a copy of the order form,
which should contain comparable information.

With either method of ordering, it also is useful to keep a copy of the
advertisement or catalog that led you to place the order. This may make
it easier to contact the company if a problem arises.

WHERE CAN I GO FOR HELP IN DEALING WITH UNORDERED MERCHANDISE PROBLEMS?

Always start by trying to resolve your dispute with the company itself.
If this is unsuccessful, you can seek assistance from your local U.S.
Postal Inspector, your state or local consumer protection office, the
Better Business Bureau in your area, or the Direct Marketing
Association, 6 East 43rd Street, New York, New York 10017.

Although the FTC cannot resolve your individual complaint, the agency
can take action against the company if it finds evidence of a pattern of
deception, unfair practices, or statutory violations. Send your letter
to: Correspondence Branch, Federal Trade Commission, Washington, D.C. 20580.

-----
modified from 11/92 Federal Trade Commission material

-----
Brought to you by - The 'Lectric Law Library
The Net's Finest Legal Resource For Legal Pros & Laypeople Alike.
http://www.lectlaw.com

=======================================

[Craig 'Lumpy' Lemke]

Don Lancaster wrote:

> Bullshit.
> Also not even wrong.
>
> The FTC rules are quite clear.

But some guy named googler said I'd be a better
person if I'd send it back.

[PeterD]

On 9/25/2012 11:13 AM, Don Lancaster wrote:
> On 9/25/2012 6:58 AM, Craig 'Lumpy' Lemke wrote:
>>
>> googler wrote:
>>>> Legally you could be a jerk,
>>
>> PeterD:
>>> Actually legally there is only one option: return the wrong item to
>>> the seller.
>
> Bullshit.
> Also not even wrong.
>
> The FTC rules are quite clear.
>
> Among many other web sources....
>

Apples and oranges Don... Those examples don't apply in this case.

[Craig 'Lumpy' Lemke]

PeterD wrote:

> Apples and oranges Don...

I ordered a case of apples. Received a case of oranges.
What I really need is a Ford Explorer cargo net.

[Je�us]

What a draconian policy.

[PeterD]

On 10/9/2012 5:47 AM, Marina wrote:
> The seller refunded my purchase price plus s/h. Remember she already
> refunded me $7 before. I still have the item. I'm temporarily disabled
> and can't jump out at a moment's notice to go to the PO for the seller's
> error. The seller emailed to say she's shipping the correct item to me,
> that she got back from the other buyer. It should be coming soon. I'm
> waiting to see if arrives in one piece (it's glass) and that it really is
> what I bid on. Then I'll return the wrong item to her and pay her for my
> item. I'm surprised she hasn't mentioned the money.
> Marina

Well, that says it all: you're out to scam the seller now. There is no
reason not to return the item--the USPS will pickup any shipment at your
door (schedule a pickup) so there is no reason to not return it.

Instead you're holding it hostage for some unfathomable reason, even
though you got a full refund, return postage, basically everything. Full
refund--so even if the item comes broken you didn't pay anything anyway.

The only think 'disabled' about you is your ethics. I doubt it is
temporary however.

[Craig 'Lumpy' Lemke]

Marina wrote:

> ...I'm temporarily

> disabled and can't jump out at a moment's notice to go to the PO for

> the seller's error...

In some remote parts of the US the postal service actually
comes to your tent and picks up your outgoing packages.

[googler]

> > Ignore those who tell you to be mean. They'll pull you into the dark side.
>
> >

> It is always darkest just before it gets completely black.
>

Isn't it darkest just before dawn? Hope it dawns on the OP to start with respect and courtesy, and see how that works. And dawn cleanses (well, cleans).
>
>
> --
>
> Many thanks,

[DevilsPGD]

In the last episode of

<753e6369-4bec-4998...@googlegroups.com>, googler

<googler...@aol.com> said:

>Isn't it darkest just before dawn?

No, it's not.

[JC Dill]

On 23/09/12 6:24 AM, Craig 'Lumpy' Lemke wrote:
> PeterD wrote:
>
>> And show a bit of sympathy for the novice seller! Sheesh, the poor
>> guy's in a bad position, but maybe he's a basically honest and good
>> guy trying to get started.
>
> He (she) might be basically honest and good. I didn't read that she's
> new. But the nonsense about the buyer shipping it to some other buyer
> is a happening waiting to problem.
>
> Get the correct item shipped to me first. Deal with the error 2nd.

What if the other buyer takes the same stance?

If the seller is selling one-off items, they don't have additional stock
to send to each of the buyers. The only way the buyer will get their
item is if the other buyer cooperates - either returns the wrong item to
the seller or ships it on to the other buyer.

Assuming this is a novice seller and one-off items, what I'd do is email
both of the other parties, so everyone is in on the same conversation.
I'd get the seller to agree to refund the shipping charges for each
buyer to ship the item to the other buyer AND to take full
responsibility if the item goes lost in transit, and for each buyer to
agree to cross-ship. This is the least cost way of resolving the
mix-up, the lowest cost way of resolving the mix-up, and one that
everyone is most likely willing to participate in. Any other approach
is likely to piss someone off.

jc

[Don Lancaster]

NEVER NEVER NEVER involve two buyers interacting with each other!!!!

They both have received free gifts and are under no obligation
whatsoever to participate further in any manner.

Full refund of all costs to everybody without exception.

--
Many thanks,

Don Lancaster voice phone: (928)428-4073
Synergetics 3860 West First Street Box 809 Thatcher, AZ 85552
rss: http://www.tinaja.com/whtnu.xml email: d...@tinaja.com

[Craig 'Lumpy' Lemke]

PeterD wrote:
> > > And show a bit of sympathy for the novice seller! Sheesh, the poor
> > > guy's in a bad position, but maybe he's a basically honest and
> > > good guy trying to get started.
> >

Lump:

> > He (she) might be basically honest and good. I didn't read that
> > she's new. But the nonsense about the buyer shipping it to some
> > other buyer is a happening waiting to problem.
> >
> > Get the correct item shipped to me first. Deal with the error 2nd.

JCD:

> What if the other buyer takes the same stance?
>
> If the seller is selling one-off items, they don't have additional
> stock to send to each of the buyers. The only way the buyer will get
> their item is if the other buyer cooperates - either returns the
> wrong item to the seller or ships it on to the other buyer.

The other buyer's problem is not my problem. The seller's
mistake is not my problem. My problem is I don't have my
widget. If I don't, seller arranges to RETURN ship it to
the seller at his expense. NEVER add liability to ME by
asking me to ship it to some other buyer.

It's really that simple.

Good approach:
SELLER - "Oops I sent you the wrong item.
I'll arrange to have it shipped BACK to me.
My apologies for the mix up."

Horrible approach:
SELLER - "Oops I sent your package to another buyer
in Duluth. I'm going through crack withdrawls and I lose track
of a lot of things lately. Could you please send it to -

Joskie Blowskie
123 S Uckmadic Terr
Duluth GA 30095

I think that was the address. Maybe it was Duluth MN.
Could you check with the post office and be sure?

I know it's a violation of eBay terms to share personal
information. But I just don't have time to deal with the
return and re-ship. My baby is sick and I'm an unwed mother.
And I only do this as a hobby. My littl girl is taking dance
lessons so she can appear on American Idol and I just can't
devote much time to this eBay thing. I can't afford to lose
any money on this transaction. Shipping and the cost
of a carton of cigarettes is making me go broke."


Lump

[James E. Morrow]

On Wed, 14 Nov 2012 13:57:27 -0700, Craig 'Lumpy' Lemke wrote:

<snip>

>> If the seller is selling one-off items, they don't have additional
>> stock to send to each of the buyers. The only way the buyer will get
>> their item is if the other buyer cooperates - either returns the
>> wrong item to the seller or ships it on to the other buyer.
>
> The other buyer's problem is not my problem. The seller's
> mistake is not my problem. My problem is I don't have my
> widget. If I don't, seller arranges to RETURN ship it to
> the seller at his expense. NEVER add liability to ME by
> asking me to ship it to some other buyer.
>
> It's really that simple.

<snip>

Well put. Privity of contract is not a transferable thing. And
besides, this turns commerce into an Abbot and Costello joke. Whose
on first.

--
James E. Morrow
Email to: jamese...@email.com

[renogrimace]

> > On 9/22/2012 2:06 AM, Marina wrote:
> > I received the wrong item. I emailed the seller to let her know.
She sent
> > me a $7 refund thru PayPal for me having to ship it
to.....another buyer!
> > She sent me the name and address of the buyer who has my item.
Then she
> > sent me another email giving a different name and address of the
other
> > buyer. Boy, is she mixed up.
> >
> > I don't think this is right for me to mail the item to the other
person.
> > Cuz what happens if the other buyer never sends me the correct
item or else
> > if it gets lost or damaged in the mail.
> >
> > I want to just return the wrong item to the seller and when she
gets back
> > my item she can mail it to me. Do I need to file a case with
eBay to show
> > that I'm returning? Or do I just mail it back with tracking on
the
> > package?
> > Marina
> >
> >
> Don Lancaster wrote:
>
>
>
> Treat the unwanted item as a gift.
> You are under no obligation whatsoever to do anything with it.
>
> File a non-delivery complaint on the undelivered wanted item.
> You are still owed the purchase price on the original item.

>
> --
> Many thanks,
>
> Don Lancaster voice phone: (928)428-4073
> Synergetics 3860 West First Street Box 809 Thatcher, AZ 85552
> rss: http://www.tinaja.com/whtnu.xml email: d...@tinaja.com
>
> Please visit my GURU's LAIR web site at http://www.tinaja.com

that's a pretty rude way to go about it I'd think

[Craig 'Lumpy' Lemke]

renogrimace wrote:

> that's a pretty rude way to go about it I'd think

You quoted 38 lines to add one, in some form of
Engrish, a dialect unknown to me.

That's pretty rude.

[Jason Burke]

Damn, and here I though Lumpshit had taken the only honorable way out of
his ****** and killed himself...

[Craig 'Lumpy' Lemke]

Jason Burke wrote:

> Damn, and here I though Lumpshit had taken the only honorable way out
> of his ****** and killed himself...

I did. I'm haunting you in your dreams.

[googler]

>
> that's a pretty rude way to go about it I'd think

Bingo. Unfortunately it is sometimes "legal" to be a jerk. Shame on
those who do so. They take
delight that they are hurting someone else's life and doing so
legally.

[RF]

"Craig 'Lumpy' Lemke" wrote in message news:ka0hp6$jmo$1...@speranza.aioe.org...

renogrimace wrote:

> that's a pretty rude way to go about it I'd think

You quoted 38 lines to add one, in some form of
Engrish, a dialect unknown to me.

That's pretty rude.


Lumpy

-----------------------------------------------------------

But Lump, what does this have to do with Frank Provasek?

[Craig 'Lumpy' Lemke]

Lump:

> You quoted 38 lines to add one, in some form of
> Engrish, a dialect unknown to me.
>
> That's pretty rude.

RF:

> But Lump, what does this have to do with Frank Provasek?

Whenever Frank Provasek is sucking my huge dick, he moans
and squeels in some form of Engrish, a dialect unknown to me.

[RF]

"Craig 'Lumpy' Lemke" wrote in message news:kae7dd$l2v$1...@speranza.aioe.org...

Lump:
> You quoted 38 lines to add one, in some form of
> Engrish, a dialect unknown to me.
>
> That's pretty rude.

RF:
> But Lump, what does this have to do with Frank Provasek?

Lump:

>Whenever Frank Provasek is sucking my huge dick, he moans and squeels in some
>form of Engrish, a dialect unknown to me.

Does Frank Provasek make you pull out and cum on his face or does he swallow
your man goo?

[Craig 'Lumpy' Lemke]

RF wrote:

> Does Frank Provasek make you pull out and cum on his face or does he
> swallow your man goo?

He likes me to dress in black face and pretend
it's BroJuice.

[Kay Hsueh]

Hello ,

Good day .

Please check our website - http://www.super-sourcingpro.com/

And let me know what you need , thanks !



Kind Regards,
Kay Hsueh ( Ms. )
TONGTONGMENGLI(AT)GMAIL(DOT)COM





Craig 'Lumpy' Lemke 在 2012年12月15日 星期六上午8:23:16 [UTC+8] 的信中寫道：