Refunds on CD's

[wilson83]

I recently purchased a CD on a certain auction site. When the item arrived we played a couple of tracks and to our disappointment it was not audible. The music was bottleneck blues which has been around for years. The music sounds liker it was recorded on a grammaphone and so the lyrics and music are so muffled you simply could not listen to it. So contact the seller and asked for refund. They agreed so i returned the item. This week i had an email saying they were not refundingh because we had broken the sealed wrapper!!!! So i replied explaining we had to open to determine that it was not suitable. Since then we have been going back and forward with emails. Ive opened a claims case with the website but am concerned that as a powerseller he will be believed over me. The CD is as received minus the wrapper. It has been played for no more than 2 minutes flicking through tracks. I thought basic consumer rights would apply here, but they are insinuating i burnt the CD onto a pc and now want a refund...UNTRUE! I very annoyed as they will be able to sell the item still and ill be out of pocket. Can anyone help?