Out of date produce

[fudgebiscuit54]

Has anyone had experience of a seller selling a year out of date produce? I filed a report but seller is not in breach of listing policy because they included a photo with date on the bottom. When purchasing food items would anyone else check all the photos when a product has been listed as new. I looked at photo number one and the packaging was intact. I didn’t feel I needed to look at 5 other photos as there was nothing in the listing that suggested item was out of date. EBay have responded to the report I filed but said seller hasn’t violated eBay’s policy. Do consumers have ANY rights here? So a seller can deceitfully sell out of date items for consumption and just because they included a picture it makes it ok? 

[papso22]

Did you use the report item on the listing or open a claim through the money back guarantee?

Expired food isn't allowed to be sold, even if the date is on the listing.

[fudgebiscuit54]

Thank you for your response. No I did through the reporting system But it would seem the money back guarantee does also not apply here. None of the listed items I can claim are appropriate for my case. Although this is not a great deal of money here. It’s the fact sellers can sell an out of date product that is no use other than to put the item in the bin. No protection whatsoever from EBay for consumers in this case

[arkwebus]

It's whether you think the item is "not as described" or "faulty".  It's all automatic; if you opened a case you would get a refund.  There is a "presumed contract term" that - for example - food is within its time

@fudgebiscuit54 

[john1297576]

Just open a not as described case. I doubt that in the description it is shown or described as out of date.

Reporting when it is dealt with by AI or even an agent, is likely to get the response that everything is ok. AI is not intelligent and agent would probably be literal, without even knowing that it is a prohibited item. So reporting would need to be for a prohibited item, with comments of out of date.

[*vyolla*]

Open an eBay item not as described return, even if it does match the photo. That's the only way to bring this to eBay's attention. 

As has been commented, out of date food products can't be sold on eBay.

[red_magpie]

I didn’t feel I needed to look at 5 other photos

That's probably what the seller was counting on. You can't take anything on trust here.

Like so many buyers, you didn't read the warning in eBay's user agreement, that "they do not guarantee the existence, quality, safety or legality of items advertised, or the truth or accuracy of descriptions". eBay is a jungle.

The seller thought they could get away with it because the expiry date was clearly shown. But they evidently didn't realise that the sale of outdated food is prohibited, so you will probably win a money back guarantee case.