Seller broke several Ebay policies - Still awaiting reply from Ebay

[wfle3514]

Bought an item listed as NEW. 

Seller sent it also admitting it was not new. Manufacturer confirms warranty started 6 months ago

Seller now insists it was NEW and pristine and must be returned as such to be eligible for refund

I complained to Ebay 3 weeks ago, and they acknowledged, but still no reply from them

I tried to send Ebay follow up msg but their system won't allow

Why won't Ebay help?

[plpmr]

Have you opened a not as described case - 

If so escalate it to eBay, if not open one now if you are still in time to do so.

[papso22]

Did you actually open a case for returning the item due to it not being as described?

There is no other way ebay deals with this sort of issue.

[*vyolla*]

You don't need to enter into lengthy discussion with the seller about this. Have you opened an eBay return?

You open a return, select 'doesn't match description or photos' and then your seller should provide you with a pre-paid returns label.

If they don't after 3 business days you'll see an option to ask eBay to step in, use that and they'll provide you with a label.