Distance Selling Regulations and private web sales

Can anyone offer me their thoughts on my situation?

I recently bought an audio book from an ebay type site (when I say "bought" I mean I didn't win it in an auction but purchased it outright).

When it arrived it turned out to be webdownloads of the book just burnt onto CD. It does not state in the description that it was webdownloads, although it was accurate in other regards.

I've contacted the seller within 2 days of the CD arriving and asked for a refund, but he is being awkward about refunding me.

In particular I've pointed out that he's displaying an image of the CD as it would be in the shop, which I think is misleading. He says that it was only there as an illustration - but doesn't state this next to the picture or anywhere else for that matter.

I believe that the Distance Selling Regulations apply to this case, even though I've bought from a private individual and not a company, so he should refund me regardless as I contacted him within 7 days of it arriving, but I'm not too sure.

Do the Distance Selling Regulations apply in this sort of case?

If so shouldn't these sites make sellers aware of their legal obligations?

Dear Tony,

Thanks for replying.

Just to clarify, the seller had previously downloaded the chapters of the audio book from the web and burnt them to CD; this is what I was sold a disc of downloads.

I was expecting a proper commercial audio book on CD, recorded by the maunfacturer, as the image suggested.

Yes, I paid by credit card, but it was under £100.