If purchase outside 90 day warranty how to refund non legitimate product

I’m asking for a refund within three months of having the product the left arm that is intended for folding has broken and is now being held by a piece of tape. Along with this the microphone for it has never worked properly and when trying to add it to my Apple ID I am told it’s out of warranty but you have listed the item as brand new. I want a complete refund!! But neither eBay or seller 

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I'm sorry that you have to go through this.  You are posting on a public forum to other eBay users so we can't see the details of your transaction or do anything specific to help you.   There is an eBay money back guarantee for 30 days after delivery but since it is past that time eBay won't be able to help you.  A manufacturer's warranty is usually valid not if you buy from an authorized retailer so many items on eBay do not have that warranty.   You could try going your payment provider and ask them to do a chargeback for that purchase,