My question involves criminal law for the state of: CA
I purchased a bag on eBay which did not arrive in the condition advertised in the auction. I offered to return the item to the seller if he would refund my money in full and pay for return shipping. I contacted my credit card company and they told me that in order to file for a chargeback I did not have to send back the item, only to offer to send it back at the sellers cost as it was the sellers error which led to my purchasing it in the first place. This makes sense to me- I shouldn't be penalized for his failure to accurately describe the item.
Anyhow, I sent the seller several messages offering to send the item back at his expense. He refused and proceeded to ignore my subsequent messages and calls. I filed for a chargeback through my credit card company and won. I now have both my money and the item. The seller has not contacted me. I have had the property in my possession for over three months now.
My questions follow:
1) If I simply keep the property is that theft? I didn't mean to deprive him of his property and I've been willing to return it since day one, however the seller has not communicated with me at all (including ignoring phone calls and emails) and most definitely has not provided me with funds to pay for return shipping.
2) Can I consider the property abandoned and simply do with it what I want? I don't really want to keep looking at it taking up my (very limited) space.
3) Assuming the seller does contact me asking for his property back, can I charge storage fees?
I'm only worried because I'm under the impression that to possess somebody elses property is theft- does that mean I fall under that definition? I want to and am willing to return the item to the ebay seller, I'm just not willing to pay to return it to him.

