well guys, i filed a complaint, as advised by members here. this was the topic:

got the message from ebay that seller asked them to review the case and make the decision.. and like 10,15 min after that i got a note :

eBay Customer Support has reviewed the case and made a final decision. We've considered the case carefully and decided not to issue you a refund. We're sorry this didn't work out.

that was pretty fast, they didn't asked me anything.. looking for pictures, evidence or anything,

don't know what to think really.. all i know is that the record is overgraded by a margine and seller got away with it.

if you call ebay customer support you can possibly get further on the issue (same with sellers who get decided against).