Their was a criminal case about this. A woman sold a 'picture of a mobile phone', the eBayer took her to court... the court ruled in the buyers favour because she put the weight of the item on the listing which was like 120g, a piece of paper doesn't weigh that.
I reckon had she not have put that she would have got away clean, so technically speaking if he describes everything exactly in a court of law he could get away with it.
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