Ebay sellers have an obligation to properly present what they are selling. If the seller is offering an item that is not the same condition as his/her image presents, then the seller is misleading prospective bidders ... no matter what the final selling price is.
It's got nothing to do with purchasing a filler today in the hopes of upgrading to a better condition at a future date. The pictured item in this case was of a superior grade than the item that was received ... regarless of price paid. The old axiom that "a picture is worth a thousand words" certainly did not apply here.
Had the actual worn chip been pictured ... it may not have received a bid at all ... which is why the buyer is entitiled to a refund and perhaps the seller will have learned a valuable ebay lesson.
Just my candid opinion.
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