They can't. There is this thing called the law. The elements of the offence are clearly written in the Criminal Code. Along with case law and the burden to prove those elements of the offence. Not just suspect.
This is where, civil law such as small claims court, doesn't require anywhere near the burden of proof as Criminal Court/Law. But.. for $200 let's face it, most of us are just going to eat it and move on rather than take a day off work etc and cost us even more.
I agree with the feedback and either using the item if the seller won't refund/take it back.
So we agree... cheers.