"New sealed" meaning? Mascara problems!

Hi all, 

 

I purchased a couple of mascaras from an independent seller; I've bought this particular brand of mascara before from stores (it has since been discontinued), so I know it should arrive shrink wrapped when brand new, to keep the liquid fresh.

 

The mascara I bought from the ebay seller however, arrived without said wrapping. Suspiciously I tested both mascara wands... They're both pretty dry, and not really suitable for a "brand new" product. 🙁 Pretty useless to me, to be honest. They've probably been stored for a while. 

 

I checked the seller's listing, just to make sure I had read everything correctly before purchasing, I have to admit the description is pretty short, but clearly states "NEW SEALED. Condition is New"... Although they're definitely not "SEALED", at least in my understanding of the term. 

 

Do I have a case for "Item not as described"? 

 

Admittedly, the product photos do not show the mascara in the wrapping either, an error on my part. 😑

 

Any help or advice is appreciated!

😊

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Yes,  if this brand of mascara does come in shrink wrap,  not all do,  and in particular if they are dry,  then it would seem they are not new.  It is also not allowed to sell used cosmetics on eBay.

 

Open a case for item not as described,  and escalate on days 9 - 21 if not refunded beforehand.  Seller pays for tracked return postage if they want their item back first.