At least with the UK English version, both CDs are labeled 'Beyond Divinity', and have small Larian Studios and Digital Jesters graphics. The North American version should be similar, but with Hip Interactive as the publisher, rather than Digital Jesters.
The contents should be;
Disk 1 / Installation CD
[*] autorun.inf (1 KB)
[*] BeyondDivinity.exe (700 MB)
Disk 2 / Game CD
[*] BeyondDivinity.W02 (441 MB)
[*] resource.dat (238 MB)
If the CD really is the wrong one, then apparently the seller sent you a returned game that had been resealed. In this case, ebay should have some kind of recourse (especially since selling the game but keeping the play disk amounts to piracy). If that doesn't help, dispute the charge with PayPal or your credit card company, if that was how you paid.
Unfortunately, just getting the files off the CD would not be enough to play the game, since the copy protection will check for the missing play CD when the game starts.
