In the VF grades the hit under the eye plays very little into the grade IMO, the coin is expected to have dings and a scratch or two .
I can believe the seller would call the coin EF that is expected to a certian degree and as long as you are able to discuss the grade with him and come to an understanding then its all good its when the seller will not discuss and and allow the buyer to place technical grading points on the coin that problems happen .
I used the PCGS grading standards as a technical reference and the
ANA guide as a more liberal guide to estimate your coin .
Pictures can be decieving and grading from pictures will seldom come to hard and fast grade ,, you having the coin in hand are better equiped to come to a grade to actually label the coin .
40 bucks is a good price for this coin you did well on the purchase .