Yep, apply for a refund. You'll most likely get it. Straight out ask the seller for a refund first though. EBay will require that you communicate with the seller I believe.
Oh man, if only the industry recognized the fact that there are riders over 6 feet tall. I have the tallest windshield you can buy for a batwing (Clearshields) and wind still buffets the top of my helmet. I give up ...Ummm....I'm 6'3" and looked over a 23" tall windscreen. He's looking for one that doesn't pound his helmet.
Like his father, buy tall & cut down. Buy short & suffer.