Item not as described case closed in my favour, now seller is saying have i sent the item back

[dolphinsaregaysharks]

My item was not as described  so asked to send it back, the seller didn't provide a return label and the case was closed. Now the seller is saying as I am not sending item back they will come to collect, what if I don't have it anymore im not answering any messages why should I. Ebay said >> As an immediate solution to your concern, I'm delighted to inform you that I took the initiative to close the case, and your full refund will be issued to your payment method within 3-5 business days or earlier. You may now want to keep the item for free.

[jckl1957]

I am sure that you can understand that the seller would want the item back.

You have had a refund; the seller has no money and no item.

If you don't have the item, obviously you can't return it.  If you do, I think that whatever Ebay have said, you should offer to return it if the seller pays for return postage.

[dolphinsaregaysharks]

Well the seller is a bit to late. 1st  I asked to send it back showing photos of a used item that was listed as a new one, they said send it back but I would have to pay, 2nd as they didn't agree to pay I put in a case to return item but no label was given, 3rd phone call with eBay after case date had past. I said I still had not had a label, so ebay put case on hold for 5 days  to give seller more time, then I got case closed in my favour and a refund. Even if I still had the item why should I get grief off the seller saying they are coming to get the item as I never sent it back, I dont want an unexpected knock on the door. Surely they had messages from Ebay warning them to sort it out.

[john1297576]

What have you done with it then, if you have not returned it, where is it.

If you do have it, surely it would be far cheaper for seller to send you the postage, than him collecting it, which in any case should only be with your agreement.

What has happened is the normal procedure, if seller does not respond to a not as described case by sending a reply paid label, after 3 days, case closes in the buyers favour, as ebay assume seller does not want item returned.

[red_magpie]

You may now want to keep the item for free.

Are you sure that eBay said exactly this?

What eBay's user agreement says is that eBay will determine whether or not the item has to be returned. This is not quite the same as saying that the buyer can keep it for free.

I think the sensible thing to do in this situation is to point out to the seller that eBay has refunded you without having to return it as they failed to send you a prepaid postal label. Sales on eBay are governed by eBay's user agreement, which requires all users to accept their decisions. However, if the seller sends you the cost of postage and packing you are still willing to return it.

[dolphinsaregaysharks]

I think the comments on here are siding with the seller. Does anyone know the legality on someone demanding an item back which broke ebays rules.  I can see things getting nasty with the seller and I might have to report them for suggesting they have my address to come and collect.  It was a used item of clothing (I ordered a brand new item) so it's gone to a charity shop now as I didnt want it in the house anymore. The seller broke ebays rules, case won. Then a few days after being refunded are saying have you sent the item back yet. I repeat ebay said to me - you have won the case the item is yours for free. The seller must have had contact from ebay.

Once I sold an item that was brand new sealed, I had it returned to me for a refund as they said it was faulty. it came back to me and  had no box, was well used and broken so it was straight in the bin, I asked ebay about this and they said I would have to take a hit for the funds.

[papso22]

We don't give legal advice.  

I am not aware of any legal case where a seller has challenged that aspect of the user agreement.  

Ebay does not warn a seller of the consequences of being awkward other than in the user agreement which hardly anyone reads.

Have you told the seller you no longer have it?  How much was it?