They were quite clear that it is a 328p compatible in the title, and from the eBay page:
"Package Content:
1 x ATmega328P Version Board
1 x USB Cable"
They didn't say "1x Compatible board with ATMega328P installed" But they were not clear that it is NOT installed with the ATMega32P - except in the picture.
Frankly, if I am eBay adjuster and I got the complain, I probably rule with the seller.
If you look a bit further up in the description you quoted, you'll also see:
Features:
100% Brand New
Size: 7.5 x 5.4 x 1.7cm (L x W x H)
Input voltage - 7-12V
ATmega328 microcontroller
14 Digital I/O Pins (6 PWM outputs)
6 Analog Inputs
32k Flash Memory
16Mhz Clock Speed
They specifically say it's a '328, and the specs are of a device with twice as many PWM outputs & 4x the memory of an ATmega8.
I think, if I understood right, the money back was due to the length of time wait (thus unsure if it will ever get there.) And it did get there.
Staying on "if the refund was due to wrong chip" hypothetically...
Yeah, I saw what you quoted too and I found that confusing as well. Question is the way it was stated, does features describes the content or describes the capability of the board. I wont go buy a 4 passenger car expecting it to come with 4 passengers. So features of what it supports is not necessarily what is equipped.
Since the package content did not clearly say it is equipped with that chip, add to that a picture clearly showing it doesn't come equipped with that chip - I would therefore not conclude it came with that chip. Given that conclusion I drew, for me, I would not feel justify asking for money back.