Reasonable people are explaining to you why the seller is not at fault here and you just refuse to listen. I'll approach this from another angle. True story: I bought the following card from another very reputable board member a couple of months ago. I absolutely despise PSA so I had it crossed over to SGC. It came back a full grade lower - was a 7 came back a 6. Do I take this up with the seller? After all, he advertised it as NM and it came back as Ex/Mt, which are 2 totally different grades. According to your logic he is clearly at fault, right?
The seller's own scan:
My own pic: