[HELP] I really need opinions on unwanted gift condition!!!

[dkdj827]

I order an item which stated as follow,

Here is the item I recieved 

Not sealed and a lot of scrath on the case

Moreover on disc as well.

I asked a seller with this issue, and the reply says, 

"the item is brand new as I have never actually played the game. The seal is only broken as to open up the box. I did state in the listing that it was an unwanted gift. As I did state on the listing refunds will not be accepted. I have clearly stated the condition of the item."

Does he have right point?? Becuase I expected Item is sealed. and brand new as no scratch all over the case and disc. 

Any opinion on the unwanted gift condtion? 

[kopenhagen5]

It is not about unwanted gift condition, it is about "brand new" condition.

If you read the conditions of Brand new, it states Unopened.

So the item is NOT correctly described. Point this out to the seller and see what he will do.

He may offer a partial refund.

If you paid by PayPal you can open an INAD case but will need to send it back to the address PayPal say by registered mail in order to get a refund of item and initial postage cost.