Can a Seller List a Food Item as New Even Though the Container is Damaged?
How does Ebay allow a seller to list a food item as new when the container itself is damaged, no mentioned of the damage in description and the main picture shows the product being new.
I purchased 2 of these food products from a Ebay seller and both of them had damage to the lids/tops. I saw the main picture along with the condition "New" and made my purchase. Now I have 2 products that not up to Ebay's new condition guidelines: New: A brand-new, unused, unopened, undamaged item in its original packaging (where packaging is applicable). Packaging should be the same as what is found in a retail store, unless the item is handmade or was packaged by the manufacturer in non-retail packaging, such as an unprinted box or plastic bag.
10 comments
house*of*paws
·2 years agoHi @cabmichigan
I buy canned cat food and Boost (for example) from different online selling venues … and sometimes get dented cans and bottles , which I assume occurs in transit.
If I wanted to receive ONLY perfect containers … I would purchase ONLY from brick and mortar stores where I could inspect what I buy.
[It doesn’t occur to me that eBay, Amazon, Walmart, or any other online venue is deliberately sending me damaged containers. Stuff happens. Sometimes I even drop cans and jars myself.]
deltilogical
·2 years agoWhen you buy corporate food products at a flea market, what do you expect?
cabmichigan
OP2 years agoWhat gets me upset about this is that the seller did not put the damage photo as the main or did not mention anything about the damage in the description. I bought this product on my app; saw the new image, new condition and no mention of damage in the description.
Ebay should have better policies in place for this not to happen.


buyselljack2016
·2 years agoI agree, eBay policy should require the seller to show any damage, and eBay policy should also require buyers to read at and to look at photos before purchasing.
albertabrightalberta
·2 years ago@buyselljack2016
But the seller DOES show the damage (see picture #4).
@cabmichigan
While I don't disagree that the seller should have mentioned that the top of the container was crushed, the picture clearly shows it. You admit to having seen the "main picture along with the condition "New" so do you at least accept a bit of responsibility for not looking at the other pictures included with the stock image?
Since the seller didn't specifically mention the damage, your purchase (should you decide you don't want it) is certainly NAD and even though the seller's return policy has the buyer paying return shipping, that's for remorse returns. If you filed NAD and returned it, you wouldn't pay return shipping and would be made whole.
JMO, but I'm guessing that you don't want to return it because the price is THE LOWEST of all other listings of the same item and presumably the seal is intact or you would have mentioned it too being damaged.
cabmichigan
OP2 years agoIt's a deceptive practice here on Ebay that sellers get away with. This seller can easily make the damage photo as the main picture and also write in the description that the product is damaged but still sealed.
buyselljack2016
·2 years agoYes, as that had already been pointed out, I realize that. Just a general statement about requirements/expectations.
My point was that "both" should be "required" to meet reasonable expectations.
yuzuha
·2 years agoDid it actually affect the seal on the item in any way (meaning that the actual integrity of the product was compromised) or was it just cosmetic damage like a dent? Because if it's the latter, then yes, it's still New, because the packaging isn't the item. The item itself (the powder that's inside the container) is just fine.
wastingtime101
·2 years agoThe first image is a stock photo. The item is part of eBay's product catalog, so they automatically insert the stock photo. The rest of the photos are from the seller. The 4th photo shows the top completely smashed in as if something really heavy was sitting on top of it. Did you not look at the photos before purchasing @cabmichigan ?
If you take off the green lid, is the container still sealed underneath? If it's still sealed then I don't see a big deal here.
kathiec
·2 years agoPersonally a damaged container would only bother me if it impacted the contents. But if it bothers you, open a not as described return case under eBay's Money Back Guarantee.