I guess it's all down to how it's been described. Certainly plenty of patina...
At least with these marks it's classed as a "rider" and you can add your own to the bikes history then. Hopefully the seller will give you some money back? I'd sleep on it (if you can sleep?!) and have another look tomorrow in daylight.
Other option is bring it around my garage and vs. all my bikes you'll think it's flawless!!!