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Waiting two months to leave feedback

Purchased an item. Never received the item after two months waiting. Contacted seller. The seller wanted to ship another item but make me wait another month. Opened a case. The seller finally refunded. My issue is I wanted to leave negative feedback but when trying to do so eBay states I waited too long to do this. This was not MY fault. So now this seller had my money for two months and gets away scot-free. Who knows how many others this seller has used this scenario on? 

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