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A returned item stuck in customs

Last month I purchased an item which was not as described!  Prior to shipping I had asked the seller to reassure me that it was as described and replied that he would refund me if it turned out to be different!  Upon receiving the item I immediately informed him and we agreed that I should return it for a refund.  I sent photos and tracking number.  Item has arrived in country of origin but it has been over one week that is held in customs.  I declared it as an incorrectly sent item for return.  I am now worried that if the item is held too long or gets lost that the seller would no longer be obliged to refund since it would exceed the time limit for ebay to step in as it was done amicably between buyer and seller!  Any thoughts or similar experiences as it was a fair bit of money???  

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