Item not as described, but have not received item yet, can I file a paypal claim dispute?

actualhuman
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Details

Preorder date: May 2020

Item release date: Dec 2020

Payment: deposit and monthly payments

Type of item: Hobby figure

 

I reserved an item from a seller for an item. It was my first time ordering such an item so I had assumed that the item when released would look very similar to the pre-order item. In July, a photo was added onto the seller's website showing the item to look significantly different from the pre-order photos. The seller's website stated that customers want to cancel orders for no reason there would be a restocking fee of 30%.  I believe my reasoning for wanting a refund was justified, I was new to preordering such items and the seller did not write on their website that actual item may vary from pre-order photos.  So I emailed the seller for clarification, and it took him 2 weeks before he finally replied that there would be a restocking fee of 30%, after I had sent him two emails. I had already made one monthly payment, and so I asked again if the 30% restocking fee would be of the full item amount or just how much I had paid already. It has been another two weeks but he hasn't replied. My question is, can I just file a dispute on Paypal even though I haven't received the item yet? At this point no matter what happens I will file a dispute once I receive the item, but if I file now while its early I can save both my time and the seller's time. 

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actualhuman
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Contributor

I ended up speaking to agent and i was told I can file a claim, if anyone was interested

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