mistake ebay seller

[Riko]

Hi,

I need your help y'all

so I bought this figure on ebay from someone in Hong Kong, and it was shipped to Belgium.
2-3days later, the mailman arrived with...the same figure....

My name was on the box, so it was clearly a mistake of the seller.
so I bought 1 figure and now I got 2 figures!

What should I do?

I know (according to Belgian law) that who has the actuall posession of a item, is automaticaly seen as the rightful owner of the item. Unless of course the party who claimes to be the real owner, can actually prove he is the owner...

But what must I do in this case?
has the seller have any ground to prove he is the owner?

need some advice

thx!

 

[Scarlet]

So you paid for one and he mailed 2 to you by mistake?

And you need to ask for advice whether you should be decent and honest enough to return the item?

I know (according to Belgian law) that who has the actuall posession of a item, is automaticaly seen as the rightful owner of the item. Unless of course the party who claimes to be the real owner, can actually prove he is the owner...

So if I stole something from you and currently have in possession of your item, it means legally the stuff is mine?

Wow, Whatever you do, don't invite me to your place. LOL

 

[LordAzrael]

I'd contact the seller and ask them what they would like to do. Obviously if you return it they will have to pay for shipping - odds are pretty good they might say just keep it. Depends on the price of the figure of course

 

[Darthrazz]

What figure was it? I'd do the honest thing. Contact the seller. Was it expensive? He might just tell you to keep it!

 

[Riko]

So if I stole something from you and currently have in possession of your item, it means legally the stuff is mine?

Wow, Whatever you do, don't invite me to your place. LOL

we are talking about (roerende goederen) I do not remember the word in english. Stirring goods? so not houses and such, things that are moveable....

so for example a pen or a figure, a car, brick, ....

yes, according to art. 2279 if you have that item in your posession, legally you are the rightfull owner. The one who claimes to be the owner must prove this. Of course he can also try to snatch the item and say: now I am the owner

purpose of this rule is to make it easy to say you are the owner without having to prove it all the time for such (in most cases) small items

 

[BadMoon]

Do the right thing!

 

[Riko]

What figure was it? I'd do the honest thing. Contact the seller. Was it expensive? He might just tell you to keep it!

it is a Takara Batman
145 euro's including shipment...

okay guys, thx for your advice, but I'll wait until I have asked my friend who studies law
I wanna know what my legal ground are to keep te figure without stealing

the right thing is not simply always: returning stuff.
I think it would be stupid to return it if there was a legal ground to be found that I am actually the new owner...
you got the right thing and you got the smart thing, and you got the dumb thing to do.

Returning it now without legal advice would be dumb for sure

so I'd rather wait.

 

[Darthrazz]

It sounds to me like you have already made up your mind to keep it.

 

[Riko]

It sounds to me like you have already made up your mind to keep it.

update: I won't just keep it

here is how it is:


CISG law, that regulates international buy-sell transactions does not apply on Hong Kong

wich means, that if I do not say anything, than I agree with a new contract for the 2nd figure.
So I must contact the seller to tell him that I do not wish to buy the 2nd item.
If not, I actually have to pay for it...


So I am not lucky
and so I will mail him to tell him about his mistake, and MAYBE I might keep it?

we'll see...

and so Darthrazz you got it wrong, I said I would wait, I did not say I would keep it no matter what, as you imply...that would be stealing...
Now I know what I can do and what I can not do.
If you wants it back, I will send it back.

 

[BadMoon]

And people say America is the conspiracy.

 

[Mudshark]

If you really wanted to keep it, it seems to me you would'nt have bothered to ask for anybody's opinion in the first place, am I right? You could have just kept it to yourself and let the chips fall where they may.

Chances are the seller spaced out and may not notice the mistake until they come up short one figure. Depending on what kind of records they keep, they might discover the error and ask you about it sooner or later... or they may not, in which case you'll have gotten a freebee. Either way, the ball is in your court, for the moment at least.

If your conscience is troubling you, put yourself in the seller's place and act accordingly... Good deeds are usually rewarded in kind somewhere down the line, same as bad ones.

 

[Scarlet]

we are talking about (roerende goederen) I do not remember the word in english. Stirring goods? so not houses and such, things that are moveable....

so for example a pen or a figure, a car, brick, ....

yes, according to art. 2279 if you have that item in your posession, legally you are the rightfull owner. The one who claimes to be the owner must prove this. Of course he can also try to snatch the item and say: now I am the owner

purpose of this rule is to make it easy to say you are the owner without having to prove it all the time for such (in most cases) small items

Ah i see.

I think you shouldnt need to take advantage of a legal loophole to "profit" off someones mistake.

Karma will will always come back to bite back in another way.

it's tempting but like everyone said, do the right thing

cheers

 

[BadMoon]

Ah i see.

I think you shouldnt need to take advantage of a legal loophole to "profit" off someones mistake.

Karma will will always come back to bite back in another way.

it's tempting but like everyone said, do the right thing

cheers

Exactly!

 

[LordAzrael]

Your first option shouldn't be the letter of the law.

If you do what is morally right you will rarely have a legal problem.

People who resort to the law first tend to be trying to justify something they believe is morally wrong by saying its not "illegal" - at least in my experience.

What isn't immoral is usually legal, but that doesn't make what is legal moral.

 

[Voorhees27]

Ah i see.

I think you shouldnt need to take advantage of a legal loophole to "profit" off someones mistake.

Karma will will always come back to bite back in another way.

it's tempting but like everyone said, do the right thing

cheers

Very well said! I would return it back to him without even thinking twice about it.

 

[Riko]

Ah i see.

I think you shouldnt need to take advantage of a legal loophole to "profit" off someones mistake.

Karma will will always come back to bite back in another way.

it's tempting but like everyone said, do the right thing

cheers

take the effort to read my last post on the previous page you gusy please

I already said I was going to send it back if he asks for it!

 

[Riko]

If you really wanted to keep it, it seems to me you would'nt have bothered to ask for anybody's opinion in the first place, am I right? You could have just kept it to yourself and let the chips fall where they may.

indeed
just like some said, bad karma comes back to bite ya

Chances are the seller spaced out and may not notice the mistake until they come up short one figure. Depending on what kind of records they keep, they might discover the error and ask you about it sooner or later... or they may not, in which case you'll have gotten a freebee. Either way, the ball is in your court, for the moment at least.

If your conscience is troubling you, put yourself in the seller's place and act accordingly... Good deeds are usually rewarded in kind somewhere down the line, same as bad ones. [/QUOTE]

I'll say this one more time: I have contacted the seller on my private mail, my ebay mail and a secondary email adres about the situation
so he will be well aware of it

ps: you guys seem all very rightious

 

[Riko]

What isn't immoral is usually legal, but that doesn't make what is legal moral.

I had the subject of morality and law..so I know exactly what it moral and imoral.

I do not consider this situation as: IMMORAL
talking about blowing things up worser than they are

Immoral is defending a child-molester or something for big money...
Immoral is defending a big company who's profits comes from producing in low rate countries such as China. (maybe at least 90% of what you got in your home and is a famous label, comes from those countries...is that immoral to? are you immoral to?)

if you question this tiny situation and link it to morality, than I hope you are a member of some sort of church or environmental group, because blaming me for being immoral because I am looking for a justification if i COULD keep the figure because of a mistake from the seller, is just hilarious

ps: the guy isn't gonna get poor because of one figure

and let me repeat: I have contacted the seller about the situaton (for the 2nd or 3th time I said it now)

 

[Darth Madden]

To me being moral is being in a situation where you know what you are doing is wrong (against your own morlas) but you do it anyway. While those examples you gave are on a grand scale keeping something you didn't pay for is also immoral. Of course we have all done that at times in our life too so nobody can really judge anyone else fairly.

 

[tylerd]

contact the seller to let him know of the mistake. unless you feel comfortable in