I could use some info on what I should expect here in a crummy situation with a buyer.
To avoid a huge long drawn out story I will just state the main facts of this but will be careful to tell it accurately so I get accurate info back.
I bought a $150 "new in box" mass produced action figure that just came out last year and is still being made.
I noticed before buying that the item description said "Box is not pristine and has some shelf wear".
The 2 photos of the box were small and did not enlarge much when clicked. Front of box looked perfect and looked like maybe a small ding in the bottom back corner I could push back out easily enough. Price was lowest on ebay within USA, where I am, but only by maybe $10. Overseas sellers from where the figure is made have it listed at around $30 less.
When I got the figure and opened the package I found that the figure box inside was smashed badly, with not only a corner heavily smashed in, but 3 sides crushed and torn. Much worse damage than just "not pristine and with shelf wear".
I told the seller that I can't leave positive feedback with how much I paid for what was a pretty misleading description and small unclear pics that did not show the extent of the box damage. I said although I bought this for the figure inside, I do keep the boxes as they greatly help retain resell value. I told him this box is almost too smashed to even keep and asked if he wanted to do a partial refund to fix the issue.
Seller replied telling me I should have known by "not pristine" that the box would be damaged, so the extent of damage doesn't matter since he was selling it as a new mint figure for those who don't care about a mint box, thus "we are back to square one and I won't give a partial refund". I didn't like that snippy remark, but whatever.
He said I can send it back for a refund as long as box is unopened, but that's all he'd do.
I replied telling him that although the box condition is of some importance and I don't feel his listing was honest, I primarily bought this to have the figure and only mentioned the box issue because I can't honestly leave a glowing positive feedback with how bad it is.
Later that day I opened the box and took the figure out. Noticed right away that a section of the hip is missing from the figure and nowhere to be found in the box either. It is a part held on by screws so clearly a factory error.
I sent the seller pics of the figure with missing hip panel and told him that in light of this issue I will need to return this.
He basically said "no way". He said by opening the box (only sealed by a small piece of round clear tape I cut) I have lowered the value, and since the item is not in the condition it was sent in, he will only let me return it to get 50% of my money back.
I reminded him that he himself said he was selling it for collectors who don't care about the box, and that he admitted the box was already crushed and therefore pretty worthless, plus it isn't a rare old item where a broken seal makes a huge difference anyway. I'm asking for this return due to the figure missing something, nothing to do with the box, but he says I can go ahead and send it back to get only $75 of the $150 I paid...
There is no way that is fair. Not only was his listing misleading as far as the condition of the box then he was unhelpful and a bit rude when I brought that up, but the figure is missing a part too. Seems I have more than enough reason to want a refund, and I shouldn't lose half of my money for it.
I called ebay and they said if he does that I can open an appeal case to get the rest, and ebay will decide whether or not I get that. The lady on the phone said with my clear photos of the box condition and the missing part, and the fact that I brought these issues to him the day I got the package and not a month or so later, I should be alright, but possibly losing both the figure and half of my money still feels like quite a risk.
I feel like this guy is just trying to intimidate me into not sending it back, but should I be worried?
