Won a helmet but seller won't send advertised size

[hijakdgtr79]

Hey guys I need an educated opinion before ido a case dispute,I won a helmet via ebay and in the the title it says bell moto 9 helmet small,then in the discription he goes on to write: quote
"For Sale is a Brand New Bell Moto-9 Helmet in Matte Black, Size Small (Also have MEDIUM avail too)" so I bidded on it and won it,after I payed,I asked if can send me a large,he said no,so I asked for the medium size as listed in his discription,and he says no ill only send a small,when I asked him why did you say in the discription that there's medium available too,he says that's for another auction,so I said to him.. that's not what your discription says regarding the medium size helmet,any ideas please.

[belindabargainhunter]

I'm sorry to say but in his discription it says small. I also read it as medium is available but u would need to contact the seller about it as its not on this auction.

[daisyboo82]

I beg to differ. If he has medium also available without another listing on eBay for that medium then he is obligated to send the medium. eBay clearly states that sellers are responsible for all listing content. Why would he have that in his listing without having another separate listing for that medium?

[lyndal1838]

There is no way you will win a dispute....the listing specifies a small helmet and yes, he did have a medium sized on for sale in another listing.  It was not a choice listing.

If you wanted a different size you should not have bid on this auction.  There is no mention of there being a large helmet available at all, so why did you think he could just supply one out of thin air?

[lyndal1838]

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@daisyboo82 wrote:
I beg to differ. If he has medium also available without another listing on eBay for that medium then he is obligated to send the medium. eBay clearly states that sellers are responsible for all listing content. Why would he have that in his listing without having another separate listing for that medium?

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The medium size was listed in a separate auction and won by another buyer.  This listing title specified a small helmet....it was not a choice listing.

If the OP wanted a medium he should not have bid on the small....he should have looked at the other listing.

[hijakdgtr79]

It wasn't in another listing,it was in the same listing choice of small or med available.

[daisyboo82]

There was no other listing in the first place for a medium. That's the thing. It was mentioned that it was available on the small listing? How are buyers to know that the seller will not send out what he is also offering?
It's false advertising- if there is a medium it should be in a separate listing And not put in with another listing for another size. I know when I buy things on here I can easily change colours / sizes without dramas, why so difficult? Unless, if course seller doesn't even have a medium and doesn't want to be sprung for adding the wrong information into a listing.
Minor adjustments such as colour choice & size are allowed, especially if its clearly stated in the discription.

[jensmanchester-australia]

Choice listings are not allowed for auction items.

The listing is clearly for the small helmet and the seller had the medium listed as a separate auction. The seller probably could have made it clearer that there was a separate listing for the medium size but the listing was definitely for the small size.

[hijakdgtr79]

Tell me where does it say "listed as a separate auction"

[lyndal1838]

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@daisyboo82 wrote:
There was no other listing in the first place for a medium. That's the thing. It was mentioned that it was available on the small listing? How are buyers to know that the seller will not send out what he is also offering?
It's false advertising- if there is a medium it should be in a separate listing And not put in with another listing for another size. I know when I buy things on here I can easily change colours / sizes without dramas, why so difficult? Unless, if course seller doesn't even have a medium and doesn't want to be sprung for adding the wrong information into a listing.
Minor adjustments such as colour choice & size are allowed, especially if its clearly stated in the discription.

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daisyboo....there was a second listing for the medium helmet...they sold just 2 minutes apart.  The seller drew attention to the medium helmet in the listing for the small one and vice versa.

But there were 2 listings...there was no choice.

It is obvious that the OP did not understand the listing in the first place as he asked if the seller could supply a large one...there is NO mention of a large helmet anywhere.  Why would you bid on a small when you want a large?