Seller sent "free gift" instead of item

[sword_of_gondor]

Hello everyone,

I purchased an item (a car window privacy screen) a couple of weeks ago. The seller sent notification that it had been sent, along with a tracking number.

The next day (before it arrived), the seller apologised and said that they were out of stock on the item, so would I like a refund? They were also sending a "free gift" to make up for the inconvenience. I can see what the seller is trying to do. 

I wrote back and agreed to the refund. The seller said that they would do so in 3 days. 

The item has arrived, and it's a worthless toy, nothing at all like what I have purchased. It's been 5 days, there's no refund, and I asked EBay to step in. However, the details show that the item has been delivered because of the "free gift." 

If I escalate the case, will EBay decide for the seller automatically? I have already informed EBay about all of these details, but I don't have a lot of trust that they will take everything into consideration. What do you think?

[*vyolla* · Accepted solution]

I think that you may have opened an eBay 'item not received' claim, which the seller will win because they have a tracking number showing that they sent you something.

What you need is a 'not as described' return.

I'd close the item not received claim, tick that it's arrived and then open a return and select 'doesn't match description or photos' or 'wrong item', either will do.

https://www.ebay.co.uk/help/buying/returns-items-not-received-refunds-buyers/return-item-refund?id=4...

[sword_of_gondor]

Thank you so very much for your reply and advice! I'll go forward with that right away.

[sword_of_gondor]

Apologies for the double reply, but I just started to close the request, but then a notification came up. It says that if I close this request, then I won't be able to open another request for this item later. 

[*guinevere*]

You should be alright. It meand you won't be able to open another not received claim. Once you close it you'll be able to open a Not as described case.

[sword_of_gondor]

You are correct, it worked! Thank you very much!