The contract also includes an expectation that you will get what was described. If the picture was used to describe the item, even if it was not a picture of the actual item, the item you receive must be essentially the same or there is a breach of contract.

I can't stand sellers like this, and ebay could not care less - it exists to make millions out of us, not to help out. I believe there was an ebay policy that the picture must be of the actual item, so ebay should hve done something.

Make sure you save a copy of the web page to make sure he does not remove the picture and then you cannot prove what your item should have been. There are a number of sellers who photobucket their pics and then remove them as soon as the sale happened, so you can't check back in your ebay items won page.

Whenever I am suspicious I save a copy of the web page.