Think i just got fake benefit makeup?

i was on ebay and got the smokin' eyes for 12.50. The seller has sold alot of them in the past couple of months the prices ranging from �6-�20. i didnt really think it was fake at the time because it was all positive feedback but comparing it to the pictures it looks a little different. i emailed them asking if it was fake (i know obviously they wont admit it) but if they lie and say it is, is that not an offence? someone posted on another question this website http://www.dhgate.com/lt-20pieces-gt-benefit-smokin-eyes-y-eye/p-ff80808124bd54a30124bffabfd970b9.html for buying fake benefit. i dont really have a way of proving its fake so how would i be able to get my money back? any helps appreciated :)