Item not as described but seller disputing

[hls_1000]

Hi there - I bought a handbag that was described as "used like new", there was no reference of any damage in the description and the bag looked ok in the photos. 

The bag arrived today and in my opinion is in fair condition at best. Dig marks around the bag, filthy inside, split in the corner, definitely well used. 

I (stupidly) emailed the seller to say I felt the bag wasn't as described and that I would be opening a dispute - I gave details and sent photos.  The sellers was polite but basically said she disagreed with me and I was welcome to open a dispute but in line with ebay policy I should expect an item that is used to have "cosmetic wear but works as intended" so indicating she would dispute my claim.  She has  5 feedback so presumably fairly new to ebay.

I've opened a case - and gave the same information and added the photos of the damaged / dirty bag.  The seller hasn't responded.

Can the seller dispute my claim?  I don't want the bag - personally I wouldn't sell anything in that sort of condition so I don't think I would want to even resell (I paid £100 plus postage so it wasn't cheap).

[1956glyn]

Hi

If a buyer opens a not as described case 99% of the time Ebay will side with the buyer because they do not get to see the item themselves.     Yes used does mean there may be light use to the item but it should not arrive basically wrecked.

Ignore the seller and stick with the case and if necessary escalate the case a full 3 days later for Ebay to step in.

Do not close the case on a promise from the seller.

I think you will be fine and win the case. 

[hls_1000]

Ok - thanks. Hopefully this will go smoothly, I'll sit tight and let the dispute reach the conclusion.