That's your decision really - but you don't have a case on functional grounds, and the very good and clear pictures on the listing very obviously show that the rabbit ears are not present. IMO, if I was a seller who had taken the time to take decent photos and it was my buyer that wanted to return it due to nothing other than his/her lack of research, I'd be very disappointed. Just my two pence.
Again, don't mean to be blunt or rude on it but this is always the issue with places like fleabay.