So steamed... UPDATED!

[Galactica]

I bought this set of mini ornaments for my secret santa person at work.

The seller sends me a completely different item!  It also reeks of cigarette smoke.  I politely let the buyer know.

The seller won't send the correct item or a refund unless I mail the item back at my own cost.  I suggested that I'd be happy to do that, but since it was the seller's mistake, they should probably refund the cost of my shipping to them.  The seller refused.

Here's the thing- the item itself is only $8 (originally probably like $3 at Kmart- just saw them there) so I need to spend $4 out of my own pocket for shipping back an item that the seller should never have mailed to me in the first pace?  How is that fair?  So irritated.  As an aside, the seller was also completely rude and nasty about the entire thing, even though it was totally their mistake- not even an apology.

It may be ebay rules that I send "refunds" back at my own cost- but it sure is a crummy seller practice.  I left negative feedback and I think it was very well justified.  I seriously have never left negative feedback or even so much as a "dinged star" on ebay in over ten years! 

The seller is sampson_enterprise if you are curious. 

UPDATE****

So I had filed an ebay complaint- explaining the situation, and before I had left feedback had advised the seller that acceptable resolution would be:
a) he refund the entire purchase plus shipping (since he sent me the wrong item and the item is of very little value anyway)
b) I send back the wrong item-  and he refund the cost of shipping the wrong item back to him.
c) He send me the correct item.

So initially ebay concluded on 12/18/13 that "The seller has agreed to issue a refund if you return the item " I had until 1/10 or something to return the item- so I thought that that was it.  I didn't return the item because a) more trouble than the price was worth  b) I'd still be out of pocket for shipping.   Instead, I posted negative feedback, trying to describe the situation to warn future buyers.

Much to my surprise- today I just received a notification that the seller had escalated the matter to customer support.  Honestly I thought the matter was over and that I had lost.  Apparently not.  FINALLY a real live person reviewed the case- and they ruled in my favor!

So apparently the "eBay Money Back Guarantee" says that if you don't get the item you ordered- you get a full refund including shipping:

We guarantee that you will get the item you ordered or get your money back. We have a simple three-step eBay Buyer Protection process to assist you in case something goes wrong with a transaction. You can go to the Resolution Center and contact the seller. Most sellers will quickly help you, but if you are not happy after a few days you can easily refer the case to eBay. If you haven't received your item, or the item is not as described, we'll refund your purchase price plus original shipping on virtually all items. http://pages.ebay.com/coverage/index.html

THAT is the rule I was looking for initially- and couldn't find.   I guess I could have sped things along had I called customer service instead of just going through the dispute process which is (at least at the start) mediated by a computer rather than a real person.

Anyways- thought I'd add an update just in case anyone ever finds themselves in the same situation...

[Lollipop]

Just contact ebay saying seller sent you wrong item and wants you to send it back at your own cost then they will send yours. just stress to them that this is not right as it was her mistake

[NoDivision]

Yikes, looks like they've got a whole string of bad feedback for similar problems. What a jerk.

[ponycake]

I think it's pretty tacky of the seller to not fix his/her mistake. How terrible. It's not YOUR fault he sent the wrong item. I would personally open a case with Ebay if still possible.. it'd be different if you had just changed your mind. They didn't make me pay return shipping when I was sent a very big fragile snowglobe that was packed only with some paper towels and understandably had many pieces broken.

[svleonard]

That stinks!  Sorry that happened. 

[lovesbabysquirmy]

Ugh... mistakes happen but that's the seller's problem.  It should never be yours.
Thanks for warning us all!

[Ringlets]

Thanks for letting us know the Id of this seller. I know everyone makes mistakes sometimes but its how they handle it that counts and this seller handled it really badly - especially since it was their mistake!
I think the negative feedback was definitely justified

[Galactica]

Yeah - I tried to work it out with them before doing that,  I explained that I'd be happy to pay for shipping back to them, IF it were something I didn't want, or was somehow not what I had expected-

but they sent me the wrong thing- why wouldn't they want to fix that?  I would never make the person who received the wrong item pay for my mistake as a seller- I agree it was incredibly tacky.

[StarFaerie]

I'm going to disagree here. If you buy something at the shop, open it and find the wrong thing was put into the box, do you expect the shop to pay for your petrol and parking costs in going back to return it? This is no different. Plus when you buy on eBay you agree to the terms and conditions and this is one of them. In buying on eBay you chose to take this risk. The seller has followed eBay's rules exactly and I can't see that they have done anything wrong. Yes, it's annoying but that's what you get buying on eBay.

[Lollipop]

They sent the wrong item.... That is what is wrong it is completely their fault.

Btw if that happened in a shop yes the shop would pay for petrol & parking if the customer asked. As it was not their fault. The company would then claim this back from the manufacturers as that is where it went wrong.
Trust me I know how this works I was an assistant manager of a big chain store for 5years. If you do not satisfy the customer they will not come back and they will tell all their friends and family how bad that shop is (this especially bad know with social media)
Even the little shops would do this, this is why certain shops have such high standards.
If the customer asks for their petrol and parking refunded you give it too them. After all you want customers to come back to you.

Sent from my Lumia 800 using Tapatalk

[Lollipop]

O and something to add just been talking about this with mum she has been on eBay for 11years and knows the rules inside out.

She thinks it is absolutely outrageous what this seller is doing to you.

Mum suggests that you should tell eBay you have not received your item.  As you have not. Ebay will refund you your money and take it off the seller.

Sent from my Lumia 800 using Tapatalk

[Rosencrantz]

That is seriously dishonest, Lollipop

[Lollipop]

Saying that she didn't receive it? But its the truth she did not ... you can tell them about the seller sending the wrong item they will still side with the buyer

I am not saying to be dishonest ...

[Rosencrantz]

Well, what I mean is she did receive an item. The wrong item to be sure, but she got one. We're getting into some real quantum territory otherwise.

That said, the seller's a real jerkbutt.

[Lollipop]

Definitely a Jerkbutt  hope you can get your money back Galactica