Should I say something?

[plushroo]

I did a buy now recently on ebay for a fuzzy tummy Fairy Tail bird. The bird arrived today and I looked it over and unfortunately one claw is broken off and the other is very loose and ready to break Not done in shipping as far as I can tell. I looked back at the description and pictures just in case I overlooked the flaw and there was no mention of this and the 3 pics seller provided don't show it. While it's not a huge crisis to me, I feel I should ask for a partial refund, but not sure if I can since it was a buy it now or best offer auction. Here is the auction for those interested:
http://www.ebay.com/itm/252031432342?_trksid=p2060353.m2749.l2649&ssPageName=STRK%3AMEBIDX%3AIT

I would still like to keep it until a better one comes along. Don't know how hard to come by the fuzzy tummy series is either. I only see the 2 or 3 same ones so I jumped on this since I'd like to complete the whole set. Maybe I'm just PMSing and looking for something to complain about? What are others views on this? If nothing else, all I really would want out of this is a partial refund?

[cuddlebuggy]

Yes, if the item was not described as having a broken foot, you should complain. Let them know that it is broken and you are disappointed and would like a partial refund (a few bucks or so.)
I think they were probably being deceptive with the way the pic is shot, don't let them get away with it!

[buttonso]

I agree.. something like a broken foot definitely should have been disclosed by the seller! Hopefully they are cooperative about it. Good luck!

[plushroo]

Ok, sent the seller a message. Will let know how it goes.

[Ringlets]

  you did the right thing. The pics hide the flaw that really needed to be mentioned in the listing . Nothing was said other than the item was in great condition and to check the pics (which didn't show the feet at all). Really disappointing!
I hope that your seller works with you - please let us know how it goes

[flying_narwhal]

This is definitely a situation were the seller needs to be contacted. That is a really disappointing flaw and isn't something minor, I would be upset too. Sellers are not obligated to give partial refunds so they may just ask you to send it back for a full refund. I've been in similar situations in the past though where I still wanted to keep the item because it was rare or HTF but didn't feel it was worth what I paid since flaws were not disclosed or purposely hidden. Hope the seller is willing to work with you!

[LadyMoondancer]

The seller shouldn't have described it as "in great condition" with a flaw like that.  At the very least they should have pictures of the flaw or include it in the description.  (Preferably both.)

[Loona]

what a bummer! I'm so sorry you have to deal with this
I hope the seller will be willing to cooperate, as that is a definitely big enough flaw that it should have been mentioned in the listing. it doesn't matter whether the auction is bidding type or BIN, the end result is the same: the buyer offers a price they are willing to pay for the item in the described and pictured condition. if the buyer knew about a flaw they probably wouldn't have bought the item, or at least not for the offered BIN price.
I don't want to sound pessimistic, but I had the same thought as what cuddlebuggy mentioned: it stinks how none of the pictures shows the flaw, and it makes me think that they were hid on purpose. if I were the seller I'd definitely take a pic from the back and bottom as well. I always do that with dolls and ponies I sell, and I am also interested in these parts of the things I buy. you never know*

*with dolls I'm usually also taking undressed pics to ensure my future buyers they really get to see that the clothing doesn't cover up any surprise flaws. started doing this after I once bought a dressed doll "dress handmade by the previous owner child" (=a strip of fabric tied onto her waist) where taking the dress off revealed several "tattoos" said previous owner child drew on the doll with marker, and which were not mentioned in the listing. as a seller I'd never forget to mention something like this, but since there are people around who operate otherwise I feel like I need to make sure my future buyers also know this. who knows if they have already been in a similar situation before...

[DartBurd]

Absolutely agree with above, let the seller know of the issue. Sometimes communication is key, sometimes they'll offer a refund or ask what you'd like them to do to make it right, and hopefully they will work with you, but it will at least let them be aware that it is NOT ok to list the item with a description as "great condition, look at pics!" but in the photos it's the SAME angle shot. Maybe they didn't realize the feet were broken? I almost feel like I have to message sellers for every listing nowadays to ask about specific flaws, if I don't ask the correct questions I'm bound to be disappointed.
I bought a lot of funko ponies at a BIN price, one particular pony was intended as a present but I was so disappointed when she arrived one side of her was covered in red splotches that would not wash off, hidden in the photos, not mentioned in the description, of course the one pony I wanted as a gift pony.  I sent the seller pictures and they said they won't take returns, the box was in storage and they "didn't know about the marks" and since the ponies were sold at a cheap price anyway, I got them for a "good deal". Apparently they did me a favor? :l

[plushroo]

Seller apologized and says they feel awful about it and offered half back off the buy it now price which seems fair enough. They asked for pics too so I sent them. Just waiting to hear back.

[Ringlets]

*sigh of relief* That sounds positive   thanks for the update, hopefully it will all work out well now