Need advice, open box item has signs of use

The first 5 images are from the listing, everything after that is mine.

I bought a laptop on ebay listed as open box, the seller's own description was:

"
Open Box Surface Book. No scratches or dings.
Comes with charger.
Does NOT have pen.
Windows 10 Pro.
Microsoft Office 2016.

Shipped with USPS Priority Mail.
"

So I was surprised when I recieved the item and there were scuffs and scratches, I also ran a battery report and found that the battery had been cycled 242 times. All the images the seller provided did not clearly show any signs of wear, not to mentioned he listed it as open box.

Now if I lived in the states I would return the item, but this was shipped to me in Asia, and I had to wait 3 weeks for it. I do not want to deal with waiting another month for a refund to get another one. Any thoughts? Could I ask for a partial refund and be done with it?

/r/Ebay Thread Link - imgur.com