I think that is pretty misleading and would imagine that the buyer thinks he is getting what he has seen in the picture (lifted straight from the ML site)
Although if you pick through the description you can actually decipher what the auction is really for.
However immediately below the description it states 'On Offer is a 40th Eagle Eyes Soldier.' - Oh no it isn't and it does say so later.
If the winning bidder wants to send me £48.00 then I'll send him a mint box with uniform and paperwork and two empty 40th DAK cards too.
As someone who was caught out fairly early in my ebay career (not for that much money though), I can't help feeling that it was a little bit naughty of the seller.