Additional item sent in error to buyer

['CHARD]

A few weeks ago I had some items for sale on Ebay, and within hours of each other, four similar locos sold to different buyers.  As I processed the orders, I inadvertently packed two for the same purchaser when in fact they had only bid for and won one.  

 

I noticed my error the following day and sent a message to the recipient advising them of my genuine mistake, and advising how they could return the undesired extra item.  No reply, then or subsequently, and also no feedback received.  I have since messaged a few more times, to no avail, and there is no mechanism within Ebay of raising this.  

 

I realise that I am the victim of user error, and I blame that on not having sold on Ebay for three years, so some of the site layout had changed in the interim.  I guess I will have to put this loss down to my own ineptitude, and I should be grateful it was only a value of £50 or so, but the principle really irks me.  Of course there may be an entirely innocent explanation, but the cynic in me says not.

 

Anyone got any ideas - obviously I have all the buyer details, but am resisting the temptation to show up on their doorstep.

[BrightHelmStone]

I am an Ebay business seller. I noticed you had no replies to your message.

I sympathise with your predicament but you are correct. Unless your buyer gains a conscience you will have to accept the loss. Put it down to experience.

[YesTor]

Can you prove that the item was delivered and received, ie. did you ship via a 'Signed For' service?  If you can prove that your 'recipient' has taken possession of said goods then in theory you are within your rights to request that the item be returned, (albeit at you the sender's expense and by means of organizing your own collection from the recipient and within a specifically stated time-frame).  Alternatively, you may request that the goods be paid for should the recipient wish to retain them. 

 

Worthy of note...  As there is in essence an existing contract between you and your recipient for goods already (and correctly) supplied, any additional items delivered in genuine error still legally belong to the sender; and as such if your recipient simply holds onto those additional goods with no intention of either returning or paying for them then technically this can be regarded as theft.  

 

If, on the other hand you have no proof-of-receipt, then sadly you're without a leg to stand on.

 

A couple of interesting articles here...

 

https://www.bbc.co.uk/news/business-37048351

https://www.saga.co.uk/magazine/money/spending/consumer-rights/can-i-keep-goods-delivered-to-me-by-mistake

https://www.ft.com/content/021fc140-8ce8-11e3-8b82-00144feab7de

 

A Google search for "recover goods sent in error" throws out a few more interesting (if somewhat conflicting) viewpoints too. 

 

Of course, ultimately the potential cost and hassle of recovering the item may prove to be more stressful than it's actually worth and as stated above it may well be a case of having to simply accept your unfortunate error, as frustrating as that may well be.

 

If after all of the above you do decide to pursue a claim then it would be strongly advisable to do everything in writing and avoid any potentially unpleasant doorstep encounters.  Another possibility is perhaps a polite phone-call, as most often people are far more obliging if approached in this manner than what seems to be the inevitable 'keyboard rage' that appears to exist between many buyers and sellers in today's digital environment.

 

Best

Al

 

 

Edited February 11, 2020 by YesTor

[chris p bacon]

 

7 hours ago, YesTor said:

Another possibility is perhaps a polite phone-call, as most often people are far more obliging if approached in this manner

 

If you have a name and address for the individual then I'd agree that a phone call would be much better. It also has a bit of "I know where you are' about it.

Whatever you do stay polite in the extreme, it's very difficult for people to get awkward when they've not been given a reason to.

 

If all else fails I know a couple of brickies who box....

[Hal Nail]

12 minutes ago, chris p bacon said:

If all else fails I know a couple of brickies who box....

Perfect. I want a raised bed for my tomatoes.

[Colin_McLeod]

Proof of receipt of the package is, sadly, not proof that the package contained an extra item.

 

Also the customer may say it was unsolicited goods so up to the seller to come and collect it.

 

Unless the item is extremely valuable I would put it down to experience and try to avoid doing it again.

[Foden]

I feel for you, having done something very similar.

 

However in my situation I had for sale 3x TEA tank wagons, all identical listed individually. One buyer bought one, one buyer bought two.

 

Silly b*****s here sent the two parcels to the wrong buyers, so I ended up with a double hit of having lost one to a buyer who wouldn’t return the extra wagon (or rather, as in your case acknowledge it), and refund the other buyer for the wagon they didn’t receive.

 

Life lesson learnt for me, but the wife will concur it left me in a foul mood for about a week.

[Crosland]

In the case where goods are sent in error, e.g., you sent two items instead of one, then they are not classed the same as simple unsolicited goods. The "buyer" doies not have the right to keep the extra items and you can take it as far as the courts. It might be worth pointing this out to the buyer.

 

They might still claim there was only one in the package  Do you have the postage reciepts with the weight recorded?

[Foden]

2 hours ago, Crosland said:

In the case where goods are sent in error, e.g., you sent two items instead of one, then they are not classed the same as simple unsolicited goods. The "buyer" doies not have the right to keep the extra items and you can take it as far as the courts. It might be worth pointing this out to the buyer.

 

They might still claim there was only one in the package  Do you have the postage reciepts with the weight recorded?

And alas this is where the difficulty lies I fear, in the proof.

 

As rightly pointed out above, proof of postage and delivery is not proof of contents. Unfortunately you’d have a hard time proving in any court there was an excess in delivered items if the buyer’s stance was to disagree.

 

I think that unfortunately, in this instance, beyond being a pain in the arse to the buyer with constant barraging of messages appealing to their good will (which in itself could even have a detrimental effect), there’s little that can be done realistically.

 

The OP is quite right that turning up at the door is a situation best avoided. Aside from the fact that he doesn’t know this guy from Harry, nor his temperament, and the obvious physical confrontation this could bring, it also opens up the possibility of being accused of harassment. As does the threat of it, or phone calls for that matter.

 

A bitter pill to swallow, I know, but on reflection of the limited realistic options, maybe one to take and move on from.

[YesTor]

3 hours ago, Crosland said:

In the case where goods are sent in error, e.g., you sent two items instead of one, then they are not classed the same as simple unsolicited goods.

 

Agreed.  Had there been no previous contract between the buyer and seller then a cry of "unsolicited goods" could very much come into play.  By the very token that a similar order was despatched to and received by the buyer at around the same time, then it immediately becomes reasonable to conclude that this was a genuine error and the goods, if the seller chooses, are well within his/her rights to pursue.  Whether in this instance of a £50 item it is worth the time and effort is of course another matter entirely.

 

Edited February 11, 2020 by YesTor

[Hal Nail]

If I received something in error I'd be straight on asking where to send it back - I probably wouldn't even bother to ask for postage.

 

No consolation to the OP but I hope this is just very unlucky and that the vast majority of people have a bit more decency.

[PaulCheffus]

On 11/02/2020 at 14:00, Hal Nail said:

If I received something in error I'd be straight on asking where to send it back - I probably wouldn't even bother to ask for postage.

 

No consolation to the OP but I hope this is just very unlucky and that the vast majority of people have a bit more decency.

Hi

 

In fact I know I would as years ago I got two Buffers limited edition class 60s sent to me (one I ordered and a duplicate I didn't). One quick phone call to them and the extra one sent back.

 

Cheers

 

Paul

[Coppercap]

A couple of years ago I bought a part (air filter) for my motorcycle on a buy-it-now on ebay. A 'genuine part', but sold as as new-old-stock, and somewhat less than half the current list price, even with postage. I didn't need it for a while yet, but it was too good to miss out on. Parcel arrives, feedback given to each other, all done and dusted. Less than a week later, another parcel arrives from same seller. Identical item, even the same ebay item number. Baffled, I kept quiet, and waited for contact from the seller - it never came. Even if I'd been honest and sent it back and they refunded the postage, they'd have made virtully nothing on it.

[kevinlms]

A late friend of mine made a similar mistake,  when he purchased a mobile phone on eBay. The problem arose because he had failed to update his address in the system. 

As a result the goods never showed up,  unsurprising really. 

He accused the seller of never having posted it. Unprovable either way as the seller was new and apparently hadn't any proof of postage.

The only outcome from eBay was that she was blocked as a seller.

 

[polybear]

Some years ago I purchased a Lining Pen from Peter Spoerer.  Some years later I received another, right out of the blue and unsolicited.  I contacted Peter and told him, and asked about returning it etc.  He was so pleased that, as well as covering the postage cost, he sent me some spare nibs of my choosing as a thank-you.  Win-win all round

 

[GWR-fan]

About two years ago I purchased a locomotive from a very well known store in the UK.  Unfortunately,  an incorrect item was delivered, an inexpensive bus from north of the English border.  I contacted the store and they immediately reimbursed me for return postage upon proof of a copy of the post office receipt.  They replied that they were already in contact with the other buyer (of the bus) and when my  incorrectly delivered loco was returned they would post it to me.  I waited for some time with no response from the store and after making contact was made aware that their efforts to retrieve my purchase were to no avail.  I then requested a refund on moneys paid.  All up a complete balls up and a buyer who no doubt thought a loco for the price of a cheap bus was a bargain not to be missed.  Now if the store and a well known store was not able to retrieve my item from the recipient then what hope an individual on eBay.  In my non-legal opinion this is theft,  not unsolicited goods.

 

From a personal point I also found myself in a similar situation as an eBay seller.  An eBay buyer who had purchased multiple items from me a distance of over 1500 klms away from me advised me that I had sent him two Aristocraft motorised "doodlebugs" instead of a doodlebug and a coach.  These items are about 800 mm in length and at the time sold for around $250.00 usd each.  The buyer offered to return the incorrect item at his own expense.  I decided to bite the bullet as the buyer was a repeat buyer and so I told him to keep the additional powered doodlebug and then sent the original item that I had mistakenly not posted to him.  I was out of pocket about $400.00 Aud but decided it was my fault and as they say, the buck stops here.  I was indeed more careful after that to ensure that items were packaged and addressed correctly.

Edited March 9, 2020 by GWR-fan