Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Did you receive a confirmation email, detailing your purchase and number of items bought?
OK thank you, ***** ***** it with me. Thank you for your request for a phone call. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Many thanks for your patience. In these situations the overall description will be considered and what would include both the photo and the written description. It is not uncommon for sellers to include a photo of an item for sale which may also contain items that are not for sale. For example an advert for a mobile phone cover may include the mobile phone inside of the cover so you can tell what it looks like but you will not get the phone; an advert for a motorcycle cover may include a motorcycle in the photo but again you will not be getting the motorcycle. It is not necessary for the seller in these circumstances to specifically say in the description that you are not getting the extra items in the photo if it was clear that there were never for sale in the first place, i.e. in the title or general description, also based on the price. It is all about reasonable expectations and interpretations in the circumstances.
What the seller could be guilty of is the Unfair Terms in Consumer Contracts Regulations 1999 but only if they have been clearly misleading in the advertising or description. So if overall, the title description and photo made you believe that you were getting something which you did not end up getting, that could be unfair. But as mentioned it will depend on the overall advertisement and generally how obvious it was to a reasonable consumer.
in these situations it would often come down to a court to decide what was reasonably in the circumstances and one judge on one day ma not necessarily come to the same conclusion as another on a different day. So each side will be facing a certain degree of risk