The item is unusable because a manufacture defect. What feedback to give ?

[ancakonitz]

Sorry for my poor English.

I bought a 2 disks dvd set with . 

The set arrived closed , with the original plastic on the box (brand new).

When I opened the box , I saw that the disks are not fixed into their places in the box and are free do "dance" inside. 

Also the disks were so badly scratched , like a 5 years old kid tried to draw something with a metal pin.

Of course the disks are unusable.

 I want to be a fair buyer , and to avoid unpleasant situations.

Clear , the problem is of a bad manufacture. (as I said , the box was hermetic closed).

I contact the seller , but we could not rich any solution.

The seller solution was to buy another item and then he will send me again the damaged item.

(Like buying again the same item ? ) - seems to me that I got punished for the item damage.

Question.

In this situation (factory damage) , and with this kind of solution from the seller (no proposal of replacement or refund or partial refund) ,  should I give him a negative feedback and open a case at the resolution center ?  

Thank you.

[7606dennis · Accepted solution]

If the item failed to perform as described, whether because of a manufacturer's defect or other issue, I would request a return using a not as described reason.  The seller is required to pay the return shipping.

I would not worry about leaving any type of feedback until I had my money back.  If you believe that the issue was caused by a manufacturing defect or something not caused by the seller's carelessness or mishandling, I would suggest leaving a positive or leaving no feedback at all.  Of course, feedback is the last thing that you need to be concerned with, as I've said.