Reporting an issue with a seller

[munirmardikhi]

Hi,
recently a bought an item from one seller on ebay, before i proceed with the payment i contacted the seller and i asked him to send me email confirmation claming that the item is new and OEM before buying the item because i am going to shipp it through DHL.
After I got the confirmation from his side i paid and i got the item after few days, but when i opend the package i found that the item is a copy not OEM and it's defferent than the picutres which he provided also the item is damaged and the packaging was rubbish.
When i requested to return the item and after long comunnication between me and the seller he accepted to return and refund my money and he claimed he sent me the shipping lable on ebay or email but i didnt get it when i tried to talk to him he forced me to remove my feedback first.
My question is where the customer protection of this i mean someone like this seller promise to send an item as discribed and he sent something eles (cheated), also he keeps wasting my time and lying how i can trust him anymore to refund my mony if i returen the item first, why he dont refund first then i send the item back as long as this his mistake not mine ?. In the case he claimed that he sent the shipping label but actually he is not and now i am stuck i cant reply to the case and i can't contact ebay also, i have just few days to ship the item back but till now i don't have the shipping label. I searched everywhere on ebay in help and resolution center and in everywhere (contact the seller) what if the seller is a liar and he keeps lying whom to contact for god sake.
 
always i recommend my friends to use ebay because since i joined i was satisfied and happy with the service, I suggest ebay to reconsider their rules, if the seller cheated or if he sent something elese he should refund first as long as this his mistake not the buyer.
 
I hope nobody face this, it's such a bad experience.
 
If you have any sloution, please advise.

I removed his name from the picture  so that i don't violate the rules of community topics

1.jpg ‏173 KB

2.jpg ‏110 KB