Can an item being listed as new w/tags, but had obvious signs of use be considered "significantly not as described"? I just got a toki that is in fair condition, but is definitely not new as the item description claimed. I'm going to contact the seller, but in case I have issues w/them, wanted to see if others w/more ebay experience knew if something like this (incorrect description, but not a fake) is considered "significant" -thanks for any help.