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Joe D.As an attorney you are trained to look at the facts...
so - here is a fact:
SCP chose to crop the image in the EXACT place that would omit the flaws in the photograph.
Why?
Why was the cropping done just like that?
Why was the cropping done in those exact places?
The way I see it....
To make the item appear better than it actually is.
TO DECEIVE.
That description that was written or approved by SCP.... and that cropping that was created or approved by SCP - together they expemplify an intent to deceive.
And why was the color punched up a bit?
Punching up the color, creative cropping....
I'm not an attorney - but I don't think words in a description can make up for a deceptive photo.
Do words in a description excuse a deceptive photo?
edit to say: Solomon - very well said. I agree. Asking for a partial refund does muddy things up a bit for this transaction. Especially since the underbidder might very well (happily) take the item. A full refund or no refund makes sense. What bothers me is the "nothing we can do" answer - and the way the photo was presented to all bidders (in my opinion and obvious attempt to deceive).