Help: Seller sent me defective item and won't refund my money

I recently purchased a cell phone from a man in Cyprus. Before buying the item I asked him if the cell phone at any scratches, scuffs, or anything of that nature on it because he didn't go into detail as to the phone's condition in the auction. He replies and tells me that the phone is in "excellent condition" and that he "would not lie" to me. I receive the phone and it is scuffed to pieces. There is hardly any paint left on the edges and it's just a joke to look at. I e-mailed him and told him I wasn't satisfied so he tells me to send his phone back for a full refund. I sent his phone back and sent him a picture of the receipt along with the customs number proving to him that the phone was on its way. This was almost a month ago and he is claiming that he still has not received his phone therefore he will not pay me my money back despite me sending him proof of delivery. I contacted the postal service and they said that it sometimes takes up to 45 days for items to pass through customs. I opened up a case with eBay because I just wanted my money back either from him or through eBay's Buyer Protection Program. But they will not refund my money either until the seller receives his item back. I'm sorry but I feel that I'm victim here. I was lied to and then out of my own pocket sent the phone back to him. I can't help what goes on with the mail once it leaves my hands. Do I not deserve a full refund no matter what the postal service has done with his phone? I just feel totally helpless right now. eBay does not seem to want to help whatsoever and the only help I am getting is from automated e-mail responses from eBay thanking me 100's of times for being a great eBayer. Do I have any options left?|||Did you send with d/c? You will unfortunatly have to wait until seller recieves it or you get the d/c .|||I'm sorry I'm new on here. What does d/c stand for?|||d/c = delivery confirmation|||OK Thanks. No all I have is the customs number. He told me to just ship it back the cheapest way possible which was First Class mail international. Is it likely that this thing is just hung up in customs somewhere?|||Ebay requires d/c for returns under $250 or s/c (signature confirmation) for items over $250. If you don't have d/c you have no way to prove he received it and are hoping the seller is not a scammer in disguise. Never send anything as seller or buyer without d/c again without it your just looking for trouble. Another important note is no matter what seller says never exceed the 45 day period for filing claims. Some scammers get you to listen to their excuses until you can no longer get buyer protection which is 45 days. Personally I wait 40 - 43 days depending on communication with seller. You can always cancel case if item shows up and repay seller for item when received. Although I do send seller e-mail explaining to them that it's nothing personal but need to follow ebay/pp policy for my protection and will cancel and pay when item is received. Hope everything works out for you. Keep reading boards to help learning typical issues and receive good advice on how to avoid future problems. The people on here are always willing to help (sometimes sarcastic,rude or obnoxious)but a good place for info if able to ignore it.|||"But they will not refund my money either until the seller receives his item back. I'm sorry but I feel that I'm victim here. I was lied to and then out of my own pocket sent the phone back to him. I can't help what goes on with the mail once it leaves my hands. Do I not deserve a full refund no matter what the postal service has done with his phone? " Both Ebay's and Paypal's Buyer protection are very clear about returning the item to the seller. The seller must receive the item back and you must be able to prove the item was delivered,before a refund will happen. When you buy international, you need to take the cost of return and the delivery requirements into consideration as well as any customs clearence delays , prior to purchase. You should not have sent it "the cheapest way, as this does not provide the required Signature Confirmation required by Ebay/Paypal for items over US $250 value. I beleive Ebay/Paypal allows some extra time for International (NON USA) returns. You can read about Ebay's Buyer Protection requirements here Link * Ebay/Paypal require the buyer to return the item at their cost. They can/will only refund item price and the original S&H, not the cost of the return.*|||Was this for the NEW SONY ERICSSON C902 5MP BLACK ATT T-MOB. CELL PHONE purchased 3/24/10? Your seller's item location is shown as Hong Kong, not Cyrpus. If this is the item, it is under $250 value , so Signature Confirmation would not be required. Only D/C Delivery Confirmation would be required by Ebay/Paypal for the return.|||I now see the item in question Sony Ericsson C902 Cyber-shot (Unlocked) Item condition: Used Ended: Mar 12, 201009:09:44 PST and your seller is in Cyprus. Looks like a stock photo and very little description of the condition of the phone. I would never buy a used cell phone and rely on a seller's opinion of "condition". Good thing this item too was under $250 value. I believe you can use the customs number on USPS website to "track & confirm" to see when the item entered customs.|||Yes that is the phone. I just received this e-mail from him. Does this hold him responsible for paying me back? "Hello again.on monday I will send you your money back and I don't care about my phone.happy?" One more question though. Does eBay's buyer protection pay for the item out of their own pocket or do they take it out of his Paypal account? The reason I'm asking is, what if the seller told eBay that he received the item back. Would eBay then refund my money?|||"Yes that is the phone. I just received this e-mail from him. Does this hold him responsible for paying me back? "Hello again.on monday I will send you your money back and I don't care about my phone.happy?" One more question though. Does eBay's buyer protection pay for the item out of their own pocket or do they take it out of his Paypal account? The reason I'm asking is, what if the seller told eBay that he received the item back. Would eBay then refund my money?" Since you filed with Ebay, the refund is made and the seller's Paypal acct will be debited. Was the email from the seller via the dispute console, just an email to your my Ebay messages or private email address? Seller needs to tell Ebay he is willing to refund and issue the refund to you via his Paypal acct. IF not, then you will have to wait for Ebay to verify with tracking the item was returned and then you should be refunded. Read here, how the Ebay Buyer Protection works! Click the word Link