If you returned through an ebay case and you have tracked proof of delivery, then you just escalate the case to ebay Sellers have nochoice they either refund or ebay does it for them.
I can only assume that you have done a DIY return and not involved Ebay by opening a case. If so while you can still open a Not As Described case, unless you have tracking proving delivery you will get nowhere.
Ebay does put the Money Back Guarantee top right of EVERY listing, the intention is that buyers read it and follow instructions then things work smoothly.
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