The defects with the water getting into the light and the broken clip are clearly unacceptable. I do want to point out though, that what I can see from the pictures, they actually seem to fit correctly. If you look closely at the taillights, the hatch lights have an extra lip on top, that the body lights do not have. That is the part that appears to not line up, but it is actually designed that way. I have installed two sets of OEM lights and both are the same fitment. Unless there is something I'm not seeing...
Oh, and the seller doesn't seem to have much of a return policy. Reading through their auction it seems they pretty much put it all on the manufacturer and claim they do this to keep prices "deep." At the very least, it seems like they will change you 25% restocking fee, if they even accept them back. And you are on the hook for shipping both ways. Not the type of terms I like to see when I'm buying.
Good luck, and I hope you get yours OEMs and are happy with them. They are worth it. :thumbup:
Adam
EDIT: I think I see the gap you are talking about-- between the black plastic on the "inside" of the outside taillights and body? If I'm seeing it correctly in your pictures, it definitely should not gap like that. I agree with you there.