Very interesting ending to this one. I received an email from Ebay saying they denied my appeal because the item was as described. This statement really set me off:
"you communicated with your seller stating "looks like it was rebrushed" & "the lines in the brushed finish were not straight on one side and they looked coarser than the other." Your statement make no reference about a valid problem with the headphones, your complaint is more about the cosmetic condition of the headphones on a used item. I recommend that if you are looking for an unblemished headphone, please purchase a new ones."
I called and spoke to the rep that denied the claim. She insisted that the headphones were advertised as used and that used items have usage marks. I directed her to a message exchange that said "used six hours, no blemishes." She insisted that they were used and that condition is subjective. I said the term no blemishes is absolute not subjective. I asked her to look at the pictures with no luck. I felt like I was in a bizarro world and could not understand how she can keep insisting that the term "no blemishes" meant that they were used and I should expect signs of usage. I found myself feeling very sorry for the guy she is dating or worse yet, married to. We went back and forth for 20 minutes and I insisted that I speak to a manager.
The manager gets on and say that since the item was sold as used it says in the listing that there are signs of wear. I said that ebay forces this language as it is their boiler plate description for all items hat are used. I added that the when the seller communicated "no blemishes" in the ebay message that it is an extension of the description. Much arguing ensued (mainly me wanting to pull my hair out) and I was told that the seller is covered in the terms and conditions. For the sake of time I'm leaving out some more incredible faulty logic in what only can be described as bizarre. "Holy mackerel", I thought. "Has the world gone mad??" I ended with this manager asking to speak to his boss so he can point me to where in the terms does it allow for a seller to lie about the description.
About an hour later I received a call from the manager's manager. He said that they got it wrong and he agreed with me. He then said that since the case had already been closed that I cannot return the headphones to the seller but he offered me a refund of $300. I thanked him for the more than generous offer and accepted. That should be more than enough to cover the delta between my price paid vs. what I'll get for them when I sell them. I am going to buy new ones. These aren't all that bad but I am a bit of a stickler with my stuff and wanted a close to perfect pair. I think the seller having lied about the item should have had to take them back but this is certainly a happy ending.
Thanks for listening all. This was cathartic :).