Your buyer stats are certainly considered yes along with a number of other factors. With regards to the sellers terms and conditions you may have technically agreed to them however an admin can still make a determination so I would recommend proposing the resolution outcome you would like. As someone else posted if you approach this issue in a calm, polite and non emotive manner with the vendor I would hope that they would be open to working things out with you, if not the resolution center is there for your support.