Advertised & Sold as New but Received as Very Used…

[wkearney_82]

I bough an item that was advertised as new.  I finally received the item today and there is no question that it is very used.  I contacted the seller and he immediately told me to open a return request and he would agree to it.  This was a seller who stated that there were no returns accepted.  That’s all just my interpretation of him squirming because he got caught.  
What I do have is pictures I took of the box, packaging including the lack of.  It looks like it’s been sitting out in a very dust place where someone touched it with greasy hands. Then there’s the part where someone scratched out their username and passwords on the setup sheet, scratches and how dirty it is.  
But I did call the manufacturer and gave them serial number and the 2 year warranty ends this September.  
I could spend the time to log in and see the history via the log file as well as the firmware version which the original firmware is on the same label as the serial # etc.  
I tried calling eBay, waited for 15 minutes before they called me back but the available options did not include anything that came close to my issue and there was no option to be able to speak with someone.

I spent over a week waiting for an item that no reasonable person would call it new.  Yet I am left with no options to at least give eBay an opportunity to hear about a sellers conduct.  I am not assuming anything I have evidence that would be impossible to deny and could provide even more eBay found it necessary. But like I said I’m not afforded the opportunity.  I’m not going close eBay account but after all the headaches I’ve been handed due to some sellers i decided that the only time I will buy on eBay is if it the last and alternative.  I understand there are excellent sellers but that has been few and far between for me.

i understand this is a long winded post but to sum it up…. Am I spinning my wheels thinking that eBay even cares that a seller is misrepresenting a product, os there a way to even inform them, should I just go my own way and stop looking for a resolution when that will never happen.

There is no question the seller wasn’t aware of it being used but I’m getting the impression that I seem to be the only one who cares.

Any shared thoughts would be greatly appreciated.  But if possible I would prefer any comments to be constructive and not personal attacks as to what you think of me for being bothered by this kind of business practice.  
My only goal is to learn what others think about this, if or what I can possibly do to shine a light on it, but most importantly am I wasting more time thinking that anyone/eBay would even care.  Any thoughts along those lines good or bad I’m very interested in hearing.  Not to mention I would be appreciative for peoples honest opinions and advice.

Thank you for taking the time to read this!

[lady_madonna]

@wkearney_82 

I don't see anywhere in your lengthy post that you filed a Return Request through Ebay's 30 day Money Back Guarantee..

• Go to your Purchase History, find the item, and under “More actions” click on “Return item” and select the reason for the return. Attach a photo.
• The seller will have 3 days to either accept the return and provide a prepaid return shipping label OR refund without having you return the item.
• If they don't do either, you can go back to your Return Request details 4 days after you filed the Request and ask Ebay to step in.

[inceptions · Accepted solution]

If you received an item that is not as described, you have up to 30 days to open a return using the option next to the transaction in your Purchase History. You will be able to attach photos and provide a brief explanation. The seller will have 3 business days to provide a prepaid return shipping label or else refund. If he does neither, go back to the case on day 4 and use the option to ask eBay to step in. They will force the refund.