I had no idea it was used. I thought when you said you took her out of the package, you meant a factory sealed box. However, those flaws are very noticeable and a seller should always take pictures of each individual item. I hate when someone uses the same photo over and over. I think they should pay return shipping AND give you all of your money back, or they should send a replacement at no cost to you. If they don't offer either of those choices, I'd leave negative feedback. You didn't get the same pony as was shown in the picture, so it's definitely a case of "item not as described."