Misleading product description

[kalicokatz12]

I bought a pair of huggie earrings which I received today.

The earrings were listed as small huggies and the rest of the description was fine. The photo of the earrings on the sellers page looked normal to me. When I opened them they were so small they wouldn't even fit a baby's ear or a dolls ear.. can this seller be caught out for false advertising as it is obvious the photo has been enlarged. So bloody angry!!

[kopenhagen5]

You don't buy from eBay, you buy from other people listing on the eBay advertising site.

Contact your seller.

[countessalmirena]

Perhaps look at the listing from which you bought more closely to see if the seller included measurements...?

If no measurements were listed in the description, and the earrings were listed in the jewellery category (rather than under, e.g., toys) and if the seller didn't include one image at least of something indicating scale, then you may be able to claim Not As Described.

If, however, the seller did include an image which included another object to show scale, or if the seller included correct measurements in the description, or if the earrings were listed under a category such as dolls or toys, then the seller did nothing wrong.

Could you perhaps post the full title of the item here?

[digital*ghost]

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@kalicokatz12 wrote:

can this seller be caught out for false advertising as it is obvious the photo has been enlarged. So bloody angry!!

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Enlarged how? I presume you're saying the item was not shown to scale, but I wonder... How do you show an item to scale in a photograph with no reference points? And on a site where people view items on screens as small as a couple of inches, up to 50 inches. 

Did they have a photo with something like a coin, and the earrings were enlarged to an untrue size and made to look bigger compared to the coin than it really is? Like, they seem to be the same size as a 10c coin, but when you got them they're smaller than a 5c coin? Were there measurements anywhere in the listing, and were they accurate?

I won't say anything else unless the above is clarified first. 

[springyzone]

Did they give any exact cm measurements in the listing?

Huggies do tend to be on the small side and 'small huggies' would have me wondering.

I know when I bought earrings online, the cm measurement was everything to me. I sat in front of the computer with a small ruler & notepad so I could visualise the size as close up photos can be very misleading.

So I am not exactly sure how you would go with an item not as described case if no cm measurement was given. Having said that, I feel your pain as if they are not even suitable for a baby's ear, then they are too small.

If they were advertised in women's jewellery, I'd expect earrings you can wear. If that's not what you got, contact the seller.

False advertising on ebay often equates (in my eyes) to a not as described claim. An item not as you would expect from the description. If ebay find in your favour, you return the item for a full refund, including  postage costs.

Change of mind return is allowed by some sellers but I don't know that many would take back earrings unless they are in an enclosed package that is unopened.

Be interesting to find out what your seller replies, please let us know how you get on.

[digital*ghost]

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@countessalmirena wrote:

If no measurements were listed in the description, and the earrings were listed in the jewellery category (rather than under, e.g., toys) and if the seller didn't include one image at least of something indicating scale, then you may be able to claim Not As Described.

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I'm afraid that would not constitute significantly not as described. 

A classic example exemplifying why is clothing - label says 12, seller lists it as a 12, doesn't include any description, or measurements.

A buyer comes along, wears a 12 in most cases, purchases it but finds it doesn't fit. Yet, the item 100% matches its description, therefore it does not qualify as not as described. 

In this case, if the only descriptor was small, and they are indeed small, then they are as described. 

Not as expected is not the same as not as described - this really needs to be a buyer's mantra. 

[enigmabear]

Were the measurements shown in the photo of the huggies? or elsewhere in the listing?

Was there any *photo enlarged to show detail  (type blurb)?

As fellow members have said already, it is hard for anyone here to say 100% when we did not see the listing as it was when you purchased

But you have options available and as the buyer, you have the power (and the right) to get your money back if they were indeed falsely advertised 

[countessalmirena]

I'm not sure how a SNAD claim would go in this case (and I agree with much of what you say), but I would expect that a pair of earrings listed under jewellery would need to be able to be worn as earrings. If they are so small that a baby could not wear them, that seems like a pair of toy earrings to me. (The OP even mentions that they wouldn't fit on a doll's ear - but I know he/she hasn't said what size doll. What on earth size could these earrings be...?)

If these are of such a size that they could not possibly be worn as earrings by any human being, they couldn't possibly be considered fit for purpose if they were indeed sold as jewellery. There would be a chance at least (which is why I think it's a case of "may be able to claim") of these earrings being able to be considered SNAD.

EDIT: Oh! Could they be intended as bracelet charms?

I take your point about the example of the size 12 labelled clothing. I suppose I am considering this more as possibly being equivalent to a buyer purchasing a size 12 top (with said top being listed in Women's Clothing), and the top that arrived is a Barbie doll top with a little label in it saying "Size 12".

But... perhaps the OP simply missed some relevant information when buying...?. Emptori inaures, caveat!

[digital*ghost]

I understand what you're saying as well, and agree with your example of the doll's clothing listed in women's clothing.

I may have too much bias to be responding to this thread, as a seller of jewellery and small items, and one who has had more than my fair share of angry buyers complaining about things like items I listed as small or tiny, are in fact, small or tiny. Angry buyers are often hyperbolic, as well, so that has affected my interpretation of the OP, and my response to it (I did have a bunch of stuff typed out in my first reply, but decided to omit it until some more details can be clarified and just stick to the facts, but those facts are still relayed in the above context). 

[kalicokatz12]

Am I allowed to post a photo I took of the earrings and also the sellers description?