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Order sitting at seller's post office since December 24th. "Package acceptance pending." Help!

I ordered something on December 22nd. Seller apparently took it to the post office on December 24th. It's been sitting there ever since. Tracking continues to say 'package acceptance pending.' Seller isn't responding. Ebay says 'your package is on its way' and won't let me open a case. Yet it's sitting, not moving, and this is ridiculous. I should have gotten it last week. What do I do now? I've emailed seller twice. Both times I've gotten an automated response. The last one said "We hope you are enjoying your product. Please don't forget to give us positive feedback." Seriously?? How do I open a case? How long do I have to wait? 

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