Those were definitely worn "one last time" after the photos were taken & they were posted for sale!
Talk about Pet Peeves!

That is just plain dishonest IMO. When you take photos & list an item, you don't get to keep using it! You pack it away until it sells. If you don't trust yourself, package it up, ready to ship & write a note, item number etc on the package so you know which item it is.
I have that concern right now- I found a pair of Patent pumps on Posh for s decent price, the photos look great, shoes are in good condition BUT they were taken & shoes listed back in June! I'm concerned they've been worn again and perhaps numerous times. I feel a little strange asking the seller if she's worn them- so I haven't bought them.. :wondering
If I list something & later decide to use it again (never gonna happen but if) I would pull the listing, take new photos & start over.. It's the proper/honest way to do it.
I know you love the shoes & they have been elusive so in your place, I would likely keep them and have then repaired, however, I would message the seller, or go through PM and send your photos etc... A partial refund is due IMHO.