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Listing pictures-not as described?

youngone90
youngone90 Posts: 94 Forumite
Combo Breaker First Anniversary
Quick question: if something is in a listing picture but not in the description which should you expect to receive? I am currently looking at some joblot auctions on ebay for designer name make up, the picture shows the make up, with the name on the box, however the title just says something like "designer/ name brand make up" and the listing does not mention the actual brand. I'm just wondering, if it was genuine, wouldn't the seller put the name in the title and listing? I have contacted the seller to ask, but the auction ends very soon.
If I did buy some, and it turned out to be fake, would the fact that the name is not mentioned anywhere mean I cannot open an SNAD claim?
It is a pretty good deal and I don't really want to miss it, but not so good that I would just take the gamble.
What do you guys think? Or should I just avoid it completely?
Thanks in advance!

Comments

  • lovinituk
    lovinituk Posts: 5,711 Forumite
    First Post Combo Breaker
    [STRIKE]
    Send the seller a message and ask for clarification - then you will know for sure. Why risk it turning out not what ou expected and then having all the hassle trying to sort it out. It only takes a fews seconds to send the seller a message.
    [/STRIKE]

    Nevermind - I have just seen you said you have already sent the seller a message. Sorry!
  • youngone90
    youngone90 Posts: 94 Forumite
    Combo Breaker First Anniversary
    edited 7 April 2011 at 6:22PM
    lovinituk wrote: »
    [STRIKE]
    Send the seller a message and ask for clarification - then you will know for sure. Why risk it turning out not what ou expected and then having all the hassle trying to sort it out. It only takes a fews seconds to send the seller a message.
    [/STRIKE]

    Nevermind - I have just seen you said you have already sent the seller a message. Sorry!
    No problem, thanks for your reply. I think you're probably right about risking it and the hassle involved though.

    I'm more curious now though about just buying in general, and assuming that something is one thing because it is pictured but then turns out to be something else. Where do you stand in terms of a not as described claim? What if the seller stated, through email that it was something but it is still not in the description, and turns out to be something else? Hope that made sense :/
  • lovinituk
    lovinituk Posts: 5,711 Forumite
    First Post Combo Breaker
    youngone90 wrote: »
    Where do you stand in terms of a not as described claim?
    Not entirely sure. Personally I wouldn't take the chance (unless it was something really cheap) unless I could get clarification from the seller. To be honest if they can't match the description up with a photo then maybe they are best avoided anyway!
  • Giggles_Fairy
    Giggles_Fairy Posts: 1,155 Forumite
    I sold an item and clearly listed (in bold and larger text!) that it was a MINI set with an RRp of 3.99. It then went for £7-something much to my confusion. After I sent it I received an extremely rude email off the customer saying I had ripped them off but charging what I did. Anyhoo they opened a not as received dispute in paypal (it was a couple of years ago now) and said that my picture was misleading and implied that it was larger and a full set. I pointed out it clearly said it was a mini set. However paypal found in the buyers favour and they sent it back for a refund.

    So I guess Im saying that in my experience you can open a not as described case if the item does not match the picture regardless of what it says in the description.
  • terra_ferma
    terra_ferma Posts: 5,484 Forumite
    edited 8 April 2011 at 6:32AM
    there are brand names that cannot be used (company claiming infringement of copyright) and the listing would get pulled
    or there are strict limits on how many branded items can be sold (e.g. 10 a month)
    so the reason may be legitimate
    i would look at previous fb for item

    PS the pic forms part of the contract, you should get what you see, if listing says black and pic is red, I don't know what would happen, but ebay is likely to side with buyer
  • knightstyle
    knightstyle Posts: 7,060 Forumite
    10 Posts First Anniversary
    I nearly bid for some coins, lots in the pic but on reading the description carefully I was bidding for a few coins by weight and I bet I would not get the desirable ones I wanted, so pics do not have to show what is being sold, the description does and some sellers are clever at disguising what they are selling!
  • terra_ferma
    terra_ferma Posts: 5,484 Forumite
    I nearly bid for some coins, lots in the pic but on reading the description carefully I was bidding for a few coins by weight and I bet I would not get the desirable ones I wanted, so pics do not have to show what is being sold, the description does and some sellers are clever at disguising what they are selling!

    you would have probably won a snad, ebay have a tendency of siding with the buyer, unless the seller manages to convince them that they did everything they could, which in this case I doubt they could do.
    it's quite common to see pics that don't reflect what is being purchased
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