What Happens with a case on Ebay?

[BeAuTifuLlady]

I'm currently going through a case with a seller on Ebay for a phone I bought. We are messaging back and forth and they don't want to give a refund at all!!!! They said the item was a 10 out of 10 when I asked and near excellent condition and upon receiving the phone, there were scratches at the top bezel and a chip on the bottom right bezel area. I have to do something Ebay said on Friday coming up. What happens if I win? I know I get the money back but will the phone go back to the seller? The seller responded to a message in the case and said I should have bought new and if the defects are covered by the case, than leave the case on the phone? I thought this was a girl but it's a guy bickering with me What's going to happen? I know this would affect their rating but exactly in what way? Thanks.