Batman 89' Movie Foil Cover 2 2

[forbiddenwon]

just got a book today ebay delivery from a vendor using stock images stating it was Near Mint... there are some noticeable paint breaking scratches.... would that Near Mint status still be valid? or should i be requesting a replacement/refund?
attached are the images of the book, they are easily feel-able as well
i know Near Mint allows for some small imperfections, but color breaking marks?

[Lightning55]

What is the seller's Return Policy? 

[forbiddenwon]

no returns, but backed by the ebay guarantee
ive immediately reached out via ebay message earlier today moments after opening the box

they condition they have listed thou is

Brand New: A new, unread, unused book in perfect condition with no missing or damaged pages. See the seller’s listing for full details.

this isnt perfect condition imo, im hoping to hear back, but im reaching out here to get other opinions on the matter.... IF i saw this in person, or they vendor used actual images i doubt i would of gotten this book, and kept looking, but its a reputable vendor, so i think ill get taken care of in the end... hopfully

[Lightning55]

Yeah, not NM in my opinion. 

Saying it's Brand New leaves them in a bad defensive position. New but damaged or worn is not "Brand New". They are wide open for a Not As Described claim, if it comes to that.

[forbiddenwon]

the response i got was

Quote

Most of the run has little printer defects and/or little scuffs

I have 9.6-9.8’s with scuffs just like that, it’s really just part of foil covers, they don’t really grade against it

can anyone confirm this stance?
ive asked them if they would be willing to show me images of the books they 'have' with scuffs just like what my books have, to put my mind at ease, as i looked for same books with grades 9.6-9.8 and couldnt find any with markings like mine.... that way when i submit for grading i wont get dinged for the imperfections....

[forbiddenwon]

i would really be awesome if someone from CGC could confirm the stance of grading with 'Foil Imperfections'

[lostboys]

To me, NM is off the rack condition = 9.4

What you see on this cover is probably common with that book and most likely from being boxed, shipped and then unboxed/shelved.

Look at all the slabbed copies that you can find and do some research.

 

 

[forbiddenwon]

after looking at other foil books and markings, ive decided to consider the issue closed and complete with the vendor... ive learned a valuable lesson the hard way... no the markings are not terrible, but what i got does seem to fit the description of what was advertised.... i know fully understand to ensure im getting what i hope to be getting i need to make sure to see actual images of the product, and not stock images and description....
yes looking over the book several more times, some might consider my original objections 'nit picking'.... but when i put out money expecting something and get a curve ball, even a small one, isnt exactly the easiest to handle... i made sure to step back, take my personal feelings out of it, and look at it strictly as a business transaction... did i get what the description said... yes.... was there wiggle room on the overall condition just saying Near Mint, yes, and know fully understand that....
ive attached zoomed out images of the front and back so all can see... i would still appreciate thoughts on what i could of done differently to handle this situation, so not only i learn, maybe someone else just reading learns too...
Thank You-