Damaged item -supposed to be new Seller not responding

Question

I purchased an NEW DVD from AU (I'm in the US) and had contacted the seller (no response) and then opened a case even before the item arrived because it was supposed to arrive by date X and they finally mailed it on that last day.
So 10 days later it arrives, damaged. And it was supposed to be new.
And I can't find anywhere to do anything but "contact the seller" which I had done with no response. Since there was a case opened and closed because of the shipping, there's no way to open another case.
And is it even worth it because I'm assuming I'd have to pay a LOT of $ to ship it back to AU...but I'd like Ebay to know that this seller was very problematic and is selling damaged goods as NEW.

Suggestions?

ittybitnot · Accepted Answer

there's no way to open another case. @isabearc You should be able to open a "not as described" case. Find the item in your purchase history, and select to return, and choose the appropriate reason. The seller has three days to issue you a return label (they likely cannot) or refund. If the have not, return to the case and "ask eBay to step in" (aka escalate).

isabearc · Answer

Ah thank you. I didn't want to start a return if I had to pay for it. It says at the top they don't take returns. I HOPE they will answer but will check back and ask Ebay to step in if not. TYSM!!