What counts is how the item was described.
EBay's definition of "new" for facial skin care items is "New: A brand-new, unused, unopened and undamaged item in original retail packaging (where packaging is applicable). If the item comes direct from a manufacturer, it may be delivered in non-retail packaging, such as a plain or unprinted box or plastic bag. See the seller's listing for full details".
If this is what the description said, and if sealed packaging is normally provided for retail sale of this product, you can use eBay's money back guarantee through the resolution centre.
It's important to understand that buying from strangers online isn't like the shops. Items may be seconds, customer returns, past their sell by date, end of line clearance or even counterfeit. Personally I wouldn't even think of buying personal care products here. If an item doesn't match the description, always use eBay's money back guarantee.
