Arnold,

I do understand you. This kind of situation can be really frustrating. I agree with you that the auction site should step in and facilitate the return and the refund. You mentioned that they keep the money for two weeks. Is the auction site in question Catawiki? I know that they would hold all the payments for two weeks. Anyways, this system is designed to boost trust in the buyers, to make them feel safer, more protected. And if it’s not working to your benefit in a situation like this, then what’s the point to have it in the first place?
What they are saying about private sellers (non-business sellers) is true. The EU law with its right to cancel and return your order within 14 days does not apply here. However, this situation here has nothing to do with the EU law. I mean, the auction house (auction site) can have its own policy in place in order to protect its customers. It wouldn’t be against any law to expand this coverage so that private sellers’ customers are equally protected. And that would be very easy to do as long as the money is still in their account. So, there is no excuse for them not to do that. Except that they are not interested in that. It is bad for the business, I mean. They would rather earn their commission on this sale, and you are left with all the losses.
So, I would suggest you try to convince them that it is their obligation to step in and to protect your lawful interests. However, if it is already too late (they don’t have your money any longer), or you do not succeed in convincing them, here are a few things I’d suggest you give a try:
1. Check whether this seller is selling a lot of items. I mean, does it look like he/she is selling personal belongings from time to time or is it rather a business activity aimed at gaining profit? A lot of private sellers are not really private sellers within the meaning of the law. They are selling a large number of items on a regular basis and for profit. As a rule of thumb, they are not paying taxes. So, it might be a good idea to tell them that if they wouldn’t go for a refund, you might contact their tax authorities and pass on the information concerning tax evasion. I think this is by far the best approach. It has helped me several times actually.
2. Tell the seller that you would contact the police. As you rightfully noted, it can be regarded as fraud if there are serious discrepancies between the description/images and the actual goods. If the seller was from China, this wouldn’t help, but as the seller in question is from the EU, there is a pretty good chance he might reconsider his position.
3. Tell them that you have a powerful blog (e.g. for collectors of antique furniture) with millions of monthly visitors and you will start writing about them if you don’t get your refund. Tell them that in the long run this would hurt them much more than this single refund.
Let me know how did it go!