Listing referred to as “Yo-Kai Watch 3” but photos of Yo-Kai Watch 1 — what recourse? | Community Mentor Help

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Listing referred to as “Yo-Kai Watch 3” but photos of Yo-Kai Watch 1 — what recourse?

Summary: phil_327981 shared a concern about purchasing a game on eBay advertised as "Yo-kai Watch 3DS NEUF sous blister officiel FR Nintendo 3DS" but realizing post-purchase that the photos showed the first Yo-Kai Watch instead of the sought-after Yo-Kai Watch 3. They attempted to cancel the order immediately, but the seller refused, citing the shipment was already processed. phil_327981 queried about the legitimacy of filing a "not as described" claim with eBay due to the discrepancy between the product listing and received item. lingma85 advised returning the item upon receipt for a refund through eBay's return policy.

Hello,

I’d like the advice of experienced members regarding an order placed today on eBay.

I bought a game for €73.30 shipping included, and the listing title was:

“Yo-kai Watch 3DS NEW in official blister pack FR Nintendo 3DS”

The problem is that the eBay product listing associated with this ad explicitly stated:

Video game name: Yo-Kai Watch 3
Release year: 2018
EAN: 0045496478117

The associated product listing was also titled “Yo-Kai Watch 3 (Nintendo 3DS, 2018)”.

So I bought the item thinking it was indeed Yo-Kai Watch 3.

After paying, when I looked more closely at the photos, I noticed that they actually show the first Yo-Kai Watch, and absolutely not Yo-Kai Watch 3.

This difference is far from insignificant economically: Yo-Kai Watch 3 is currently a particularly sought-after 3DS game, whereas the first Yo-Kai Watch new in blister pack can still be found at much lower prices. I found brand-new copies of the first game for around fifteen euros. The asking price here, around €68 excluding shipping / €73.30 paid, is therefore already particularly high for Yo-Kai Watch 1, while it could on the contrary seem extremely attractive for Yo-Kai Watch 3.

It was precisely the listing “Video game name: Yo-Kai Watch 3” that made the price believable and led me to buy.

As soon as I realized the problem, I asked to cancel just a few minutes after placing the order.

The seller refused the cancellation, saying the parcel had already been shipped / handed over to the carrier.

His attitude also makes me question things: when I then explained to him that the eBay product listing explicitly indicated Yo-Kai Watch 3, he did not answer on that specific point. He only relied on his title “Yo-Kai Watch 3DS”, considering it a “misreading” on my part, and told me to file a claim with eBay after receiving it.

However, my problem is absolutely not having interpreted “3DS” as “3”.
The product listing integrated into his ad literally said: “Video game name: Yo-Kai Watch 3”.

I have kept screenshots:

of the listing explicitly stating Yo-Kai Watch 3 ;
of the EAN 0045496478117 ;
of the photos showing Yo-Kai Watch 1 ;
of the price paid ;
of my cancellation request made almost immediately ;
of the cancellation refusal ;
of the seller’s messages calling the situation a “misreading”.

So my question is:

If I do indeed receive Yo-Kai Watch 1, does this contradiction between the eBay product listing and the item received make it legitimate to open an “item not as described” case?

And, given the near-immediate cancellation refusal and the fact that the seller is already sending me to an eBay claim, would you advise me to accept the parcel and then open the case directly with eBay?

Of course, I want to stay completely factual. I do not claim to know the seller’s intention, but the difference between the listed product and the photographed product is objective, and the difference in value between the two games is considerable.

Thank you very much for your opinions.