Question about how "item not as described" is defined

[orgrg]

I bought a product that I found out after purchasing was made in 2 different versions. Nothing in the seller's description was incorrect, however the details of which version weren't noted, and although pictures would have allowed me to identify the version, the seller's pictures did not show this information. It feels a bit like the information might have been withheld because of the way the pictures were taken to not show the identifying information.

However, the seller might not have known about the two versions and it was an honest mistake.

Does this situation fall into the "item not as described" category, in which case the seller would have to pay for return shipping?

[chevymontecarlo88]

I think you already know the answer to your question.

Why don't you contact the seller and explain why you are not happy with the purchase?

[bonanza125]

"Does this situation fall into the "item not as described" category, in which case the seller would have to pay for return shipping?"

Yes

[fab_finds4u]

The seller doesn't  have to research or know if there are subsequent or alternate versions.

You should do buyer diligence and research the product and versions of a product before buying. I mean  if you found out after buying you could have found out before buying.

The seller isn't  required to educate you about a product.  However, they should provide pictures as if there's  no description and describe like there's  no pictures.  Ask the seller for more pictures if all angles aren't provided.

[12345jamesstamps]

I always reach out to the seller before doing anything.

"found out after purchasing was made in 2 different versions".....which I would have done research before making the purchase then.

Can there be an exchange between seller and buyer of items?

And there is always that you might get blocked by buyer from future purchases...even for a return or a few questions. 

If you will never ever buy from this buyer again don't worry about getting blocked.

[kensgiftshop]

You said nothing in their description was wrong, so it must have been as described.

[orgrg]

This is for a set of wheels for a car. Wheels can be forged or cast. I found a previous auction of the same wheel type from the same seller where the seller has pictures to prove the wheel is forged, and says they are forged in the description.

So now I know the seller knew there were two types, and chose not to put that the wheels were cast and did not provide pictures to verify which ones they were.

Does that change any of the above answers saying it's on the buyer to research?

[robbie31415]

It's defined on the customers feelings.

If the customer doesn't feel they are as described then they aren't as described.

[tobaccocardyahoo]

I will join @robbie31415 in breaking ranks with other sellers and say, if you feel it was not as described, you should request a return for not as described and let Ebay decide. Odd are that the return will be authorized or you will be refunded without return.

If these wheels are new, there is an excellent chance the seller knows nothing about them, and could have copied the description from his supplier or some other source, the listing too.

[iamalwaysright]

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@orgrg wrote:

I bought a product that I found out after purchasing was made in 2 different versions. Nothing in the seller's description was incorrect, however the details of which version weren't noted, and although pictures would have allowed me to identify the version, the seller's pictures did not show this information. It feels a bit like the information might have been withheld because of the way the pictures were taken to not show the identifying information.

However, the seller might not have known about the two versions and it was an honest mistake.

Does this situation fall into the "item not as described" category, in which case the seller would have to pay for return shipping?

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After reading your OP carefully, my answer to "does this situation fall into the item not described category? No, it doesn't. The seller's listing was not untrue. For example it'd be kinda like if you bought an item from a seller with a listing that didn't specify where it was made, then you receive the item and feel scammed because the item was made in China. The listing didn't lie and sometimes it's up to you to find this stuff out prior to buying. 

But will you be allowed on ebay to file a return as "item not as described"? Yes. Unless you were previously restricted from doing this due to abuse, ebay will always allow you to file this type of return for any item.

[wastingtime101]

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@orgrg wrote:

This is for a set of wheels for a car. Wheels can be forged or cast. I found a previous auction of the same wheel type from the same seller where the seller has pictures to prove the wheel is forged, and says they are forged in the description.

Does that change any of the above answers saying it's on the buyer to research?

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Based solely on your original post the answer is: no, that is not a "not as described" situation.

Based on the above quoted post the answer is: we do not have enough information. Can you post the item number to review?

Forgeries are not allowed - they are not even legal. It's not clear, however, the way you're using the word forgery.

For example, somebody cannot list a hand sewn dress and say it's a Barbie dress. But they can list it and say it's made to fit Barbie. As long as they're not copying a Mattel design, and it's just made to fit, that's fine.

So we'd need to see the listing for the wheels to see how the seller set it up to offer an accurate response.

[bdmh-enterprises]

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Forgeries are not allowed - they are not even legal. It's not clear, however, the way you're using the word forgery.

For example, somebody cannot list a hand sewn dress and say it's a Barbie dress. But they can list it and say it's made to fit Barbie. As long as they're not copying a Mattel design, and it's just made to fit, that's fine.

So we'd need to see the listing for the wheels to see how the seller set it up to offer an accurate response.

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I believe they mean Forged like heating metal lol, as in how the wheels were made.

[wastingtime101]

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@bdmh-enterprises wrote:

I believe they mean Forged like heating metal lol, as in how the wheels were made.

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haha thanks @bdmh-enterprises - that makes so much more sense.

In that case @orgrg if the seller never specified forged or cast and you made an assumption, that does not qualify as "not as described." It's a remorse return. "Changed mind" or "didn't like it" would apply.

[robbie31415]

I'm curious.

Say the seller sold them rims that were made of plastic and you couldn't tell based on the pictures that they were metal. Maybe some sort of chrome coating.

Also they never use the word metal.

The buyer would assume they were metal.

Since its an assumption it wouldn't be INAD?

Same argument could be made for damage. They don't state they don't have damage but they don't take pictures that reflect it. Taking from angles that hides it. Based on seeing undamaged item and no mention of damage a person would assume they aren't damaged.

[wastingtime101]

When it comes to material it's not a SNAD unless the seller specifies one material and the item is a different material. Ex: Seller advertises metal, buyer receives plastic.

If no material is specified that comes down to buyer asking questions if they want to know. Many buyers will skip listings when sellers don't disclose basic info like material, measurements, etc.

In my opinion, you can not make the same argument for damage. Damage is an altered condition, therefore if seller does not disclose something that's different from how the item was when brand new, that is a SNAD.