seller gives the wrong picture

[manfredkkk]

so i buy a dota 2 item from http://www.ebay.at/itm/98x-DOTA-2-ITEMS-AB-1-EURO-ALLE-ZUSAMMEN-KEINE-TRUHEN-ENTHALTEN-/200963944139 , at first i want to tell you guys the story , so at sunday i open ebay and search for a dota 2 items and i find 1 cheap item that has 20 minutes left to bid so i open it and see the picture and read the description but he dont gives the specific description(he dont tell what the item are , what rarity he have,something like that) he just said that he sell 98 items so i think that the item is what he give on the picture,i read all the description but since i just moved to austria for 8 months so my german are bad and i just understand a little bit and since i dont have much time left to translate all of it in the right way(not google translate,because it will made you much more confuse about it :D)so i decide to make some fast bid because i think what can go wrong with dota 2 item?there is no broken dota 2 item 😄 so i think nothing could go wrong , and finally i won it,everything goes smoothly until today when he receive the money and we decide to trade the item but when we trade he dont give me the item that he show in the picture so i ask him why ,and he said that he already write it in the description so i check it again and translate all of it and he is right , but what i want to know is , is it allowed in ebay to put the wrong picture of the item what you sell gives a little description and in the end you write that the picture is not the item and the picture is not the item that will be sold,it is allowed?i also found out that he copy the picture from google ,i mean why does he do that?you dont even need 5 min to open dota 2 and take a print screen of the item you want to sell,so i said to him that i want a refund and he said that he only want to gives a refund if ebay said that he must give a refund

so what do you guys think?should he give a refund or should the transaction go on?who is the wrong one?

thanks for your time 🙂