Obviously its not in new condition, unopened box. I would be upset just for the simple fact that the product is not as it was advertised. I generally suggest avoiding buying CPUs on Ebay.
As far as the scratches affecting it, it shouldn't. This is what thermal paste is for, the seal the CPU to the heatsink so that imperfections in the contact do not disrupt cooling efficiency. Try to install the CPU and see if it boots up if you want, but like I said, I wouldn't keep something that wasnt as described in the listing.