Grodog,
I feel for you man.  Been in that situation before.  Mine was with the Cloudland module (cannot remember the publisher).  When I received it in the mail, 90% of the module was highlighted and the maps had pencil notations all overthem.   :evil:   (seriously what purpose does that much highlighting serve, it is counter productive).

But I just took it in the chin because like you:
1) I didn't ask any questions and
2) I really didn't pay all that much.

I didn't bother with the refund but if you feel like you can get the refund go for it.

BTW, here is a link to some level-headed advice from the Acaeum crew:
about940.html

I am seeing more and more of this. Even when there is description, the sellers are leaving out "minor" things like highlighting, writing, etc. I mostly see this when purchasing module lots. Several items will be described as "excellent condition" and it turns out all the handouts are either separated or just plain missing, pictures have been colored, maps have writing all over them, on and on.

I have gone back to emailing and asking them to check for those type of detractions. If they don't reply, I don't purchase. Even at the risk of missing a good deal.

This goes back to a point I made on a string several months ago. I think, and maybe its just me, that the overall quality of d&d products - and I mean physical condition - is rapidly declining. It has taken me almost a year to grab a near mint b6 with the cutouts still in place!

With the popularity of of the rarer and lesser known items skyrocketing, it is no wonder we are seeing people list stuff with serious detractions, but they somehow overlook them in the description. I hate that. Describe the damn thing accurately. How hard is it to tell someone the item has been colored, or pages have been separated, or maybe it is incomplete. But no, we get "excellent" condition! And buyer beware is the mantra...

Technically, he's got you.  It a Tower of Magiks, just like it says - complete with no impairment to functionality/usability - he didn't say a single word about quality.

Now obviously, any kind of halfway responsible seller notes these kind of things, but it's up to him if he wants to be responsible & respectable or a sloppy jerk.

You can try bringing it up and see what happens.  And I certainly wouldn't feel bad about giving a negative and describing his inability to properly identify item flaws if he's rude about it.

(Like bb, I try to make a point to ask if there's no description - no response, no bid.  But if the auction is about to end really soon, sometimes I make the assumption that they're on the up and up.)

Just to let you all know how it went, the seller did offer to refund my money, though I would have to ship the book back at my expense.  I'm debating whether that's worth the effort at this point....

Since the overall result was good I would suggest positive feedback.  Leave as much detail as you can within the limited space.

I would be curious to know how much people really read the text associated with feedback.  I certainly read very few of the positive and focus rather on the negative and neutral entries.

After a bad item -- but 100% refund -- I left "Honest merchant, Satisfied Customer".  They then left me positive feedback.
Just my 2¢

BigSister