Seller has a no return policy; however the item is not correct

[mythirdcousin]

I bought a pair of Athleta Joggers, that I received from the seller timely; however the are not correctly sized.

I already own a pair of the same size and they fit perfectly.  I don't know if this seller is selling knockoffs or if it was a labeling mistake, but they fit like a size smaller.  The seller has a no return policy and has refused to accept the return.  This purchase was covered by the ebay money back guarantee, as indicated on the sellers listing of the product.  This is clearly unfair and ebay indicates the return is closed as the seller refused the return.

What recourse do I have as ebay will not resolve this issue?  

[lakefor94]

If the seller does not accept returns and you picked a "remorse" reason for the return, such as "does not fit" the seller does not have to accept the return. Buyers do not get a 2nd chance at choosing a return reason.

Had you selected a reason such as "Item Not Authentic", the seller would have had to provide a prepaid return label for you if the seller wanted the item returned before refunding your purchase.

You do have recourse thru your payment source such as PayPal or a credit card that was used for the purchase.