What you're looking for, then, is a Report option which says "these don't look new to me". If it is not there, that means it is not an option. If you note the report reasons, ebay seems more concerned about people listing a Beretta 92, that sort of thing. Or unauthorized use of designer names. Or 'dirty words'. Ebay is obsessed about dirty words, or at least those which can be mistaken for some by people with limited vocabularies. But dirty shoes? It seems they're fine with it.
Have you contaced the seller and sweetly pointed out that the shoes do not appear new and therefore a buyer might be very unhappy to discover this once they arrive? It is, after all, possible the seller made a mistake. Like the time I got a multi-dvd set described as "Brand New", but one of the discs had clearly been chewed by a small dog. 🙂
I've seen what you're describing, -- where the seller lists the shoes as "New in box", but is foolish enough to show a photo of the bottoms of the shoes, revealing dirt in the treads. Dirt. Just because the seller still has the box she thinks she can fob them off as 'new' rather than 'worn once'. So the way I figure it, no one will buy those and leave green feedback saying 'new as described, great seller'. The buyer may be too disgusted to leave any, or open a case, or leave red or grey. Either way, you're not going to buy them.
If you cannot report an item for this particular 'infraction', maybe ebay does not feel it is worth paying labour hours to review and scrutinize every one of the millions of listings that are sure to irritate someone somewhere, not when there are options people can use to remedy the situation themselves. You can notify the seller (it may be an honest mistake), and you can find another listing.
