There is a common confusion that sellers often take advantage of.
The licence you bought was from the Retail Branch which has two type "Standalone" or "OEM". The problem is most people incorrectly call "Standalone" as "Retail". So the seller has legally described it correctly, but is somewhat disengenous.
I guess the pessimist in me says that if Microsoft is charging $199.99 for Windows 10 Professional Retail, and that OEM versions of the software are around $140 at Amazon and NewEgg, a vendor charging $95 for what they claim to be a retail copy of Windows 10 Pro is likely not going to be legit or certainly not exactly what it seems.
I'd say for sure that you are fighting an uphill battle if you have opened it, installed it, and now would like to get your money back.
I have already opened it, but I didn't install it. I only opened it for the purposes of verifying what version the license is. I got an email from eBay saying if I haven't gotten a response from the seller by April 6, I can contact eBay on April 7 and they will step in.
Did you not read my response #11?
The seller is not actually scamming you per se. They are stated it was a Retail version and you have one from the Retail Branch. There is not really such a licence as a Retail licence. A licence is either Retail Branch Standalone (EULA calls it that) or Retail Branch Preinstalled (which is the category yours comes under as really system builder licences are not supposed to be sold directly to end user).
Unfortunately, people use term Retail when they mean Standalone and this misleads people.
So you did buy a Retail Licence - but it happens to be a Retail Branch Preinstalled licence.
It is disengenuous of Sellers to do this and you can complain to ebay of course, but whether the vendor has to legally do anything is debatable. They probably will to avoid getting blacklisted by ebay but .....
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a) Software preinstalled on device. If you acquired the software preinstalled on a device (and also if you upgraded from software preinstalled on a device), you may transfer the license to use the software directly to another user, only with the licensed device. The transfer must include the software and, if provided with the device, an authentic Windows label including the product key. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software.
b Stand-alone software. If you acquired the software as stand-alone software (and also if you upgraded from software you acquired as stand-alone software), you may transfer the software to another device that belongs to you. You may also transfer the software to a device owned by someone else if (i) you are the first licensed user of the software and (ii) the new user agrees to the terms of this agreement. You may use the backup copy we allow you to make or the media that the software came on to transfer the software. Every time you transfer the software to a new device, you must remove the software from the prior device. You may not transfer the software to share licenses between devices.
Good news. The seller responded to my return and accepted it. Now all I have to do is follow the instructions and I should get my refund within 6 business days.
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