What I ordered vs. What I got: Legal Implications of Sale by Description and False Advertisement in Nigeria

By Musbahu Yahaya Rabiu

The growth of e-commerce in Nigeria has transformed the way people buy and sell items. E-commerce offers simplified transactions at the click of a button. From clothing and gadgets to household items, consumers are increasingly relying on online vendors and digital marketplaces. But this has given rise to a common issue: receiving goods that are completely different from what was advertised. This situation raises an important legal question—what happens when a product fails to match its description?

Sale by description refers to a situation where the buyer purchases goods based on a written or verbal description of the goods rather than direct physical inspection. Section 13 of the Sale of Goods Act, 1893, provides that when goods are sold by description, there is an implied condition that the goods must correspond with the description provided. In online transactions, nearly all purchases fall into this category because the buyer relies solely on what the seller presents—images or specifications describing what is going to be sold—without physically seeing the item.

Where there is a discrepancy between what was described and what was delivered, the law provides certain remedies to the buyer. These include the right to reject the goods and demand a refund. This is based on the principle that goods must conform to the description given at the time of sale, as held in F.B.N. Plc. v. Ozokwere(2006) 4 NWLR (Pt. 970) 422 by the Court of Appeal thus: “In a sale of goods contract, where goods are sold by description and upon delivery fail to conform to the description, the buyer is automatically entitled to repudiate the contract and demand a refund.” Section 11(1) and (2) of the Sale of Goods Act is instructive here.

False advertisement occurs when a seller deliberately provides misleading information about a product in order to deceive or entice a buyer. This may include exaggerated claims, doctored images, or vague descriptions. Section 123(1)(a) and (b) of the Federal Competition and Consumer Protection Act 2018 prohibits sellers from making false, misleading, and deceptive representations about goods or services.

A clear example of false advertisement in the digital age is the trend known as ‘What I ordered vs. What I got.’ This social media phenomenon highlights the frustration of buyers who receive goods that look completely different from the advertised images—ranging from ill-fitting clothes to substandard beauty products or fake electronics. While the trend is often treated humorously, it is essential to note that it underscores a serious legal issue: when a seller misrepresents a product, it is not merely a customer service failure—it may be a violation of consumer protection laws. Similarly, where there is a discrepancy between what was described in the advertisement and what was delivered, buyers have the right to repudiate the transaction and demand a refund.

The legal doctrine of sale by description is a crucial tool for protecting consumers in Nigeria’s rapidly expanding digital market. When products do not match their advertised descriptions, buyers are not just inconvenienced—they are legally wronged. On the other hand, false advertisement is prohibited in Nigeria. The days of ‘What I ordered vs. What I got’ being seen as a joke should give way to a more serious conversation about consumer rights and seller accountability. This is essential in creating a trustworthy e-commerce environment.

Written by Musbahu Yahaya Rabiu, a graduate of the Faculty of Law, Bayero University Kano, and a bar aspirant. He can be reached for corrections or constructive criticism at 08107882404 or musbahuyahayarabiu@gmail.com

Source: BarristerNG