Hello sharpiemarker and thank you for your reply. After dealing with such an unreliable merchant, I believe my refusal was justified. There was no assurance this merchant would not present further claims in order to avoid refunding me. I asked for assurances the merchant would finally refund the full amount payed but I never got any. I had every reason to suspect the merchant could raise more matters in order to avoid a proper and honest solution, after dealing with him for 3 months! What made me extremely cautious was the part "return item in good condition", when I had already declared the item arrived broken! This "good condition" was over from the day the merchant decided to ship the item in a bag without any kind of protection. How could I be sure the merchant would not react again after receiving the item and say the item was not in good condition? I am sorry if I sound naive here but I do not have some sort of habit to dispute my purchases over eBay. I purchased a new, boxed, unused and undamaged item as it was listed and instead received an unboxed, damaged item, which could have been as well used before it was sent to me since it had no box. I was clearly unhappy with the way the merchant dealt with the whole procedure and I claimed that since he did not honor his own listing (item listed as new), he was solely responsible for the item arriving broken. He chose to send it outside its retail box, he should accept the responsibility for any damages! That's where I based the item was not as described. The merchant listed the item as new and according to eBay new is "A brand-new, unused, unopened, undamaged item in its original packaging (where packaging is applicable). Packaging should be the same as what is found in a retail store, unless the item is handmade or was packaged by the manufacturer in non-retail packaging, such as an unprinted box or plastic bag.". I received an item that was not new, since all the above conditions were not met. About PayPal. What exactly were the circumstances that PayPal examined? They did not ask for a single piece of evidence, a photo, merchant's messages, some sort of certification! I even offered to send the item to a local dealer if there is one, in order to confirm the item was broken. There was no examination, apart from the merchant providing proof of selling the item. I seriously doubt they even checked the tracking numbers I sent them! Unlike PayPal I offered alternatives before they closed the case. I asked for a boxed, undamaged item shipped from the merchant, followed by a return shipment of the item I had in my hands. I would then drop the dispute. Nobody cared to comment on this, which proves I wanted the headphones, not the money. During the time they expected the tracking number, they were sending me reminder email messages asking me to provide the "following documentation". The specific emails I still have , did not list ANY following documentation. Have a look at this printscreen. hxxp://prntscr.com/pquj0a Returning the item for a refund was not a wise option as I described above. There was no assurance I would receive this refund. Seller was playing with me for 3 months, promised 2 times to replace them item, 1st time he claims he shipped it without tracking (...), the 2nd time he gave me a tracking number for another person in another part of the country. I am sure by now he never shipped any replacement. He then offered refund but found it "difficult" due to problems with accounting department and PayPal, as he informed me in a message. When dispute was escalated, he refused replacing the item or providing a refund, again this proves he had no intention of replacing or refunding. If I would return the item to him without any assurance, I would lose my only card on the table. Finally, I really have to say this. It is SO obvious the merchant did not behave well. New boxed, unused and undamaged item in his listing, unboxed, used and damaged item arrives. Is this my fault according to PayPal? I ask for replacement, he does not provide a replacement after 3 months of me waiting 30 days for each replacement attempt to arrive and after depositing the amount he asked 6 months earlier! Fake tracking numbers and promises after I left positive feedback for him as he requested and after rewarding him for promising a replacement by purchasing more items from his store! Don't you think the case speaks for itself? Even if the chosen topic for the dispute was not the best option, isn't it obvious for PayPal that the merchant was not honest to the buyer? How can PayPal completely ignore these facts, reward the merchant and close the case against the buyer without taking into account the facts I presented? It really makes absolutely no sense to me...
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