Ebay problem with seller -

[TLDH182]

I do a lot of traveling for work, and I'm not home much.

I recently ordered an item on ebay, and didn't pay.. didn't go checkout, nothing... but used the buy it now option. The next morning I emailed the buyer, apologized, and asked to cancel - as I had found a better deal locally.

The seller ships the item anyways, I don't realize this until it arrives on my doorstep - it apparently had sat there for a few days as I was out of town at time of delivery.

Now, I was in contact with the seller, and advised I needed a return label - which they provided, however, I was only in town for a day (and a sunday at that) - and due to insurance on the item, had to be signed for by the UPS rep, so I didn't get a chance to drop it off to ship back.. I'm out of town for another week still, and the seller is harassing me, and sending me bills for the item - and is now threatening legal action.

I'm pretty sure, if I really wanted to be a jerk, I could keep the item, doesn't FTC law say that I have no obligation - they filed a ebay non-payment (which found in their favor and was closed) - but ebay and paypal have both denied anything as far as seller protection goes (because they went outside of ebay and paypal policy and shipped without ever receiving payment) - I've been honest with the seller, and kept lines of communications open - however, he's starting to agitate me by calling me a liar in regards to having to work out of town..

if I don't get this shipped out for another 7-10 days, is there any repercussions I could face? I'm just trying to find an official answer on what the law says regarding something like this.

 

[TheGeekess]

I do a lot of traveling for work, and I'm not home much.

I recently ordered an item on ebay, and didn't pay.. didn't go checkout, nothing... but used the buy it now option. The next morning I emailed the buyer, apologized, and asked to cancel - as I had found a better deal locally.

The seller ships the item anyways, I don't realize this until it arrives on my doorstep - it apparently had sat there for a few days as I was out of town at time of delivery.

Now, I was in contact with the seller, and advised I needed a return label - which they provided, however, I was only in town for a day (and a sunday at that) - and due to insurance on the item, had to be signed for by the UPS rep, so I didn't get a chance to drop it off to ship back.. I'm out of town for another week still, and the seller is harassing me, and sending me bills for the item - and is now threatening legal action.

I'm pretty sure, if I really wanted to be a jerk, I could keep the item, doesn't FTC law say that I have no obligation - they filed a ebay non-payment (which found in their favor and was closed) - but ebay and paypal have both denied anything as far as seller protection goes (because they went outside of ebay and paypal policy and shipped without ever receiving payment) - I've been honest with the seller, and kept lines of communications open - however, he's starting to agitate me by calling me a liar in regards to having to work out of town..

if I don't get this shipped out for another 7-10 days, is there any repercussions I could face? I'm just trying to find an official answer on what the law says regarding something like this.

How hard would it be to carry the item with you and ship from a UPS site there?

 

[swalsh411]

You're being a grade A jerk. You agreed to buy the item, he shipped it, now you should pay.

Clearly your personal moral standards and frequent travels are not conducive to buying things off ebay.

What makes you think it's ok to not go through with the purchase and buy the item you agreed to buy?

 

[TLDH182]

First off - I canceled the transaction, they acknowledged said cancelation - and shipped it anyways...

It's 55lbs... I cant exactly lug it around with me - i'm doing my best to cooperate and fully intend on shipping it back when i'm home.

 

[swalsh411]

You never mentioned they agreed to the cancellation. That makes a huge difference. One can always ask to cancel a purchase.

Realistically by the time they took "legal action" you would have already shipped it back to them. I hope you covering the return shipping fees.

Also the FTC reg doesn't apply to you because this was something you ordered. The purpose of what you quoted is to prevent merchants from shipping goods to random people and then expecting them to pay for it.

 

[TheGeekess]

First off - I canceled the transaction, they acknowledged said cancelation - and shipped it anyways...

It's 55lbs... I cant exactly lug it around with me - i'm doing my best to cooperate and fully intend on shipping it back when i'm home.

Throw it in the trunk of the car with luggage. Pull out at a handy-dandy local UPS shipping store.

 

[OHRoadwarrior]

That is not what you posted initially. If you ordered it and they shipped it, then in error acknowledged the cancellation, you are 100% liable. They can elect to take the item back, however, you are legally responsible to pay for it or ship it back.

First off - I canceled the transaction, they acknowledged said cancelation - and shipped it anyways...

It's 55lbs... I cant exactly lug it around with me - i'm doing my best to cooperate and fully intend on shipping it back when i'm home.

 

[single317dad]

I'm completely baffled as to why an eBay seller would ship an item that hasn't been paid for. eBay guidelines dictate that shipment shall not occur until after payment is cleared. In fact, the integrated eBay labeling system will not allow a seller to ship until the payment has cleared. They would have to use another labeling service (such as direct on the UPS website, or simply writing on the box and taking it to the UPS counter) in order to make this mistake.

That said, just ship the item back. How hard can it be? They've even provided a return label, which most sellers won't do.