Title states 100+ pieces, but description says 1/4 pound of pieces. Seller sent 61 pieces.

[valkyrie-mt]

I purchased an bag legos for my son.  The title said all I needed to know... "100+" gray pieces.  I wanted 100 pieces of gray legos for my son's lego build.  But, when I opened the package, there were clearly less than 100 pieces.  I counted 61.  I went back to the listing and in the description it says 100+ pieces or 1/4 of a pound.  I had not seen that.  I avoid items with such inconsistencies when I catch them.  In my view this makes the title false in my case and is not consistent with the description.  The actual portion is 1/4 pound of lego, which I assume on rare occasions will be 100+ legos.  I asked for a full refund and seller pays for return shipping as this was a deceptive listing.  Seller responded by restating the description and told me he would charge me a 20% restock fee and I would have to pay return shipping.  

I think this is a deceptive seller and I should not be out any money in returning this.  Thoughts?  

[upgradedendmills]

As a seller, I would have sincerely apologized, refunded in full immediately, and sent the seller another order at my expense.  I would not let this ever happen again, even if it was an honest mistake.

[toyshnip]

As a seller we would try to avoid cases like this in the first place.

Here is an example. The toy companies started to do reproduction of toys that were popular in the 80's. They call them the vintage or retro collection. However, we learned that if we just write the vintage collection, people will think it is the actual item from the 80's. So we post it as the "vintage collection". People will know that it is not a vintage item, but an item that is part of the collection called vintage.

A seller needs to make his listing clear and with minimum confusion. That save a lot of headache down the road.

[myangelandmyprincess]

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@ed8108 wrote:

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@orangehound wrote:

 If the listing I see is the one she bought, then the title does say 1/4 pound ... it says "1/4 pound (100+ pcs)" ... which implies both 1/4 pound and 100+ pieces.

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 Appears to be a simple contract law case 

 The seller drafted the listing, the buyer failed to receive the 100 + pieces that weigh 1/4 pound

Buyer is covered under the MBG

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This this when a contract is ambiguous the results is in favor of the person who didn't write it 

[jvsevuer0]

Ebay's policy is that the listing must be clear in all three areas of :

Title

Pictures

AND Description

If there exists ANY discrepancy that is grounds for a buyer opening an Item Not as described return.

Earlier someone stated the amount of this sale to be below $20.

Generally speaking I take all of these things into consideration.

[valkyrie-mt]

No, I am not leaving anything relevant out.  The item I purchased made NO mention of the weight in the title.  Period.  You have the wrong listing.  Please don’t search for a random listing to support an unfounded accusation.  Also, 61 pieces is nowhere close to 100+.  

I appreciate everyone else’s help.  I was not aware that restocking fees were not permitted.  

I will open a case with ebay.  

[valkyrie-mt]

Update...

Seller wants me to return the item with this comment:  "Remorse purchase, Buyer to pay return shipping as well as 20% return / restocking fee"  

I will not return the item under those conditions.  I am waiting until August 1 to ask eBay to resolve the situation.  And, given the comment above, I think this seller needs some form of disciplinary action now.  The fraudulent title, then trying to charge me a restocking fee and return shipping, then lying and claiming the reason was buyers' remorse.  It's really just making me mad.