eBay's rules are, you have 30 days in which to open a case for item not as described, and if the seller does not refund you within 3 days, you do need to escalate the case. eBay then, step in and force the refund.
If you fail to escalate and do nothing, the case closes through inactivity, and you cannot open another case for the item with eBay.
What you can do now, is to turn to your paymennt provider for help with this refund.