Item received from seller is different from item description

[setsu05]

Hello all,

I just received my package today from a seller but he/she got the shipment labels switched, now the seller is asking me to ship it to the original receiver with him/her paying the shipment fees. Should I open a dispute against the seller or should I just send it to the orginal receiver?

[DPCreations]

You have not obligation to do anything.  The seller is obligated to get the correct items to the right buyers.

Let the seller know that you want your correct or an immediate refund.  If the seller wants the incorrect item returned, they buyer needs to pay for return shipping and have the item picked up at your convencience.

If seller does not refund, then file a dispute for item not as described. 

I assume that there is a tracking numbr to to show delivered.  if not then there is another issue.

[setsu05]

Now I'm in a pickle. I already said yes to the seller already. He/she is currenty in contact with the other buyer that received the package that was supposed to be mine.

If I didn't receive the package from the other buyer, is it still covered by Paypal?

[DPCreations]

You can definitely change your mind.

You will loose all your buyer protection if you get involved in shipping on behalf of the seller.  Seller can also loose seller protection.

You have no agreement with other buyer.

Why would you pay to ship something to someone else?

Why would the other buyer pay to re-ship to you?

These are costs and inconveniences for the seller to bear.

What would a regular online store business do?  Answer:  reship or refund.  Never put the buyer at an inconvenience.

You still have PayPal proteciton; USE IT as leverage to get your item or a refund direct from the seller.

[setsu05]

Should I let the seller know that I'll open a dispute? It's my first time to not receive a item that is not as described.

[DPCreations]

I would not use any threats or even implications of a threat.  Threats get a seller angry then the seller may plan to make things worse.

Keept is simple, refund or replace immeidately.  If the seller has an issue probably just ignore and start the dispute.  Do not file as not received or you will immediately lose; tracking shows delivered.

With not as described, there is an issue that you might have to pay to return.

Another option is to phone PayPal and ask how to file the dispute.

Hopefully you paid with a credit card as you may need that for backup.

Is the item you received of any value to you?  Is it better than what you ordered?

[setsu05]

I not planning to use any threat to the seller, I want to talk to him/her in a nice way. That is why I was asking if I should ask the seller if he/she agrees with me before I open the dispute.

Well first of all, the difference from what I payed for the item that I wan has a very huge difference from the item that I received. Second, I ordered a brand new item, unopened box, I received a Like New item (Used). The item that I order from the seller is definitely better than the item I received size wise and also the other items included that item.

[DPCreations · Accepted solution]

I've been thinking about this more and you are indeed in a pickle with no promise of a good outcome.

PayPal has good protection for item not received, but you have traking (I assume) to show delivery, so you can't take advantage of good protection.

Not as described is semi-protection as PayPal generally doesn't really know which party is truthful so buyer generally needs to return with tracking to get item only refund.  Not a good option in this case.

You will need pictures of what you received, assuming you opened to parcel.

If you filed a dispute with credit card generally you would not have to return the item.

I don't recall reading recently about similar cases.  Some other member might have better insight.

[Whac-A-Mole]

This is rather common,sellers sell and switch labels and buyer ended up getting wrong item.

Most buyers will co-operate,esp when seller offers to pick up shipping.

It is up to you,if the other buyer decides to keep your item ,there is not much neither you or the seller can do.

is yours worth more than hers??

[Linc1957]

@setsu05  I read this thread and see you issued an accepted solution but I wanted to add my 2 cents.  I have read many threads like this over on eBay's The Community and often the seller in trying to save some money for thier mistake asks the two Buyers to ship to each other ... sometimes it works but sometimes it doesn't, sometimes both parties cooperate and sometimes they don't.  I sell too and the solution is simple.  Each transaction has to be handled separately, Seller sent the wrong item, Buyer processes an item not as described and Seller pays for the return.  That keeps everything above board AND more importantly, in control of the Seller AND not relying on people they really don't know to do them a favor.  You see, one Buyer may not send the item back or may send a different item or the item sent gets damaged or lost.  Both sales have to be considered a failure and sadly, the Seller has to eat the cost.  Now, once the Seller gets one or both items back they can contact the correct Buyer(s) and arrange to Relist the item and resell it to them if they want (all through eBay of course!).  You are more than welcome to use any or all of this post in working with your Seller.  I Sell too and  would eat the loss and handle each transaction separately.