It was a brand new item in the box factory cling wrapped from the manufacturer. Think of a usb stick size item boxed and wrapped.

I asked them if they have opened it but I never got a reply to that.

So if they cling wrap is opened then what options do I have, I assume ebay is just going to side with the buyer no matter what I do?

I have a strange feeling that the item is not actually going to be returned, the ebay resolution thing is waiting on the item to be returned to me.