If item is wrongly described

[cerealqueen]

I want to keep it as I can clean it up, but feel paid over the odds as it was described as very good condition but is in fact a bit manky and well worn.

I have opened a case but reached an impasse where seller has offered £1.10 and I'd like more, as it really is not in great nick.

How do I get Ebay to determine and decide on it?

Escalate the claim to customer support. They will look at the details, messages between you both and make their decision. The seller might agree your price once the claim is escalated because it goes against them if ebay have to actually decide the outcome. It shows that the seller hasn't tried enough to accommodate you. Mind, Ebay is not as good as it used to be so things don't always go as you'd expect them to. Good luck.
I'd also leave negative feedback.
I bought a phone described as mint condition. When it got here there were chips of paint away from the top and sides, the scroller button was very worn and the scroller itself didn't always work. I struggled to get the seller to give me a £10 refund. All I asked for was £15 as this was the cost to fix the scroller. But he only eventually agreed £10. I didn't escalate the claim as the seller wanted me to return the phone (so he could resell it at a higher price! His actual words!) If I had to return it then I was responsible for the return postage costs of £7!!! Even though the phone was not as described!!!
Ebay is going down .....

Thanks, yes, the return postage is an issue as, if sent tracked, will cost me half worth of item as it is heavy.

Mint condition should be just that!!

I'm angry as the seller described item as 'hardly worn' when it is very well worn, then tried to negotiate on postage and said she had paid £4 more then she had (I had the packaging though) and then went on to describe the vintage condition, when the word vintage was never mentioned.

How to I escalate to customer support though, I have not seen the option so far, just accept offer or message seller?

Presumably you've logged an 'item not as described' case?.... Go into your case details, then somewhere is the button to click to 'escalate to customer support' ...
If I find a seller has over inflated the postage price after checking the stamp on the package, I email them to say they've over inflated, under ebay rules that's allowed, I'd like them to refund the difference (minus a small amount for stationery/time etc). When I sell things I only charge the actual price plus either between 20p and 50p. Sometimes when I post the items, it is cheaper than I've quoted (large letter instead of small parcel price), I always then refund the buyer the difference and email them to let them know.
I'm very fair and I like to be treated fairly. Sadly, that's not often the case now.

You can't escalate for 8 days. ebay will not give a partial refund, they will prob ask you to return for a full refund at your expense, or they may give a no fault refund without the need for a return.

Thanks "fergoose* that helps, I don't mind keeping the item as am prepared to clean it up, an sell on or keep but I probably would not have paid what I did. Seller refuses to accept her description of 'hardly worn' was misleading.

My last experience with ebay - they now don't let you keep and give you a refund. They'll only refund once you provide tracking details to prove the item has been posted recorded delivery. I spoke to ebay directly and they said even though I wanted a partial refund, if the seller insists on not giving a refund and instead wants the item returned then that's what I must do! At my expense! Which I just think is absolutely shocking if something is not as described. It's all wrong. Also, under distance selling laws, if the item is on a buy it now option then the seller must pay for return postage for faulty/not as described goods. But if it's on auction this doesn't apply. I was stuck between a rock and a hard place. My item was blatantly not as described, it was going to cost £15 to fix the scroller, but buyer would only budge to £10 refund. I had to accept as it was going to cost £7 to return it.

distance selling regulations do not apply to ANY auction item whether the seller is a business or not ( ebay do not make this clear)

ebay have rules that ebay businesses must accept returns but for auction items the terms will be their own, so refund of postage options are for them to decide, if faulty/ not as described it will be original cost plus original postage,( ebay rules) if change of mind/ wrong size/ not fitting the terms for auctions are what the seller says they are as legally no need to accept returns

What did you pay for what?

I escalated and got a partial refund, it wasn't much, I gave Ebay a £lowest-£highest and said they could make the decision and got the lowest I'd suggested, fine by me as by the end it was the principle as much as anything.