Ebay return

I recently won an item on ebay (a pair of shoes). Pictures were posted and the item description was as followes"

"A great pair of Bapestas from a few years back. Purchased at the store in New York and worn a few times, still in great condition. Don't be fooled by all the fakes on Ebay.

Size 9.5.
FS - 001
GREEN
Colorway is 464 GR.

This pair is authentic, as are all shoes and clothes I sell. My perfect feedback speaks for itself.

Shipping will be $20 in the US. Overseas bidders, please contact me before bidding.

Be sure to check out my other auctions for more great gear. Thanks for looking and good luck"

As you can see there is no mention of a return policy. I received the shoes and they do not look anything like the pictures (crease marks,very dirty,etc.)
I contacted the seller and requested a refund and he told me that he does not accept returns.

Since there is no mention of this on the listing must he return my money?

[msg]

If the item was not as described you legally may return it. And/or sue in small claims if need be.

If they refuse to return my money after a lawsuit threat, then waht?

Will I be required to go to there state for a hearing or will they be required to come to the state I file the suit?

[msgny]

Then you have to accept the situation, sue in small claims, or just use neg feedback at ebay.