Ebay dilema. Would appreciate advice from ebay vets...

[CD AGES]

So about 2 weeks ago I purchased "Choukosenki Kikaioh: For Matching Service" game for my Dreamcast library. Purchased it from a seller in Hong Kong. Anywho the game arrived and to my surprise I did not get the game as advertised by his post pics and description. I got the right GD disc but the entire game box art packaging (Manual and Back art insert) is of the orginal standard JPN release (Non FMS Dreamcast Direct edition). I contacted the seller about the issue and he replied that he swtiched the game cases with the standard release because the the FMS manual had more wear and tear and he didn't notice the differences in the two. His resolution is basically for me to ship the manual and back art to him with tracking and he will ship the correct ones back to me?

What should I do? Should I agree to such inconvenient terms???
I'm not ebay savy so I don't know what options I have if any...

Any advice would be greatly appreciated.

[o.pwuaioc]

No idea, however, since he admitted he's at fault, ask him to pay for your shipping back. If he disagrees, take it up with ebay. Admitting you sent the wrong item can't look good.

[foxhound1022]

Yeah, I think it seems reasonable to ask to have your shipping refunded since. you have to pay to send the manual and such back.

[xan_racketBOY_fan]

I'd ask to get a partial refund. You didn't get what was in the original listing. I've gotten into similar instances before and had no issues opening up a case and communicating with the seller.

[Onyxthecat]

Partial refund

[CD AGES]

UPDATE!

After getting some pretty sound advice from you fine folks here. I gave him a choice of either a partial refund on the item, or at the very least reimburse me for whatever additional expenses I will make by having to reship him the game case I currently have. I just got a response and he basically has refused either options. He replied that he only makes $25 out of the transaction due to ebay/paypal fees and that reimbursing me for shipping will lower it by $20-$18. He further states that he cannot get another copy of the game because it is so rare. Ooookaayyyyy...

What do I do???

[mjmjr25]

Open an item not as described case.

Quote in your case the verbatim response from the seller where he admits he switched the item - case is over at that point, it's just a matter of the best resolution at that point. Quote that he refused to pay the return shipping and it would cost you about $12 to return the item (it would).

My guess is he'll full refund, or ebay will require him to pay for the return. In that case he'll then offer a partial refund, or to ship you the original art and manual, since he can't recover his original shipping plus he'd have to pay to ship it back.

He's in the wrong and he made the "mistake" of being honest about it in an ebay message to you. Be thankful for that, it is usually tougher to prove a switch has been made.

[Duane Dibbley]

The seller screwed up, not you. He should be bending over backwards to make sure you're a happy customer, especially since you aren't being unreasonable. I agree with mjmjr about taking it up with eBay, assuming the seller still refuses to take responsibility.

[dmike]

Open an item not as described case.

Quote in your case the verbatim response from the seller where he admits he switched the item - case is over at that point, it's just a matter of the best resolution at that point. Quote that he refused to pay the return shipping and it would cost you about $12 to return the item (it would).

This.

I mean, boo-hoo he makes less money to make it right. That's his problem.

I have personally had the opinion in the past that any return is at the cost of the buyer. By example, if I buy something at Wal-Mart, I have to take it back up to the store to return it. I don't get reimbursed for my time or gas driving up there.

In cases like yours however, the seller deliberately switched the item out. That's all on him. But what mjmjr25 said is correct. Solid case in your favor.

There is just one problem... usually when you win a case for a not as described item, the solution is to have you return the item for a refund. There may be other ways they handle things, but in my experience the resolution has always been to return the item for a refund, and if that's the case you're kind of back to square one.

[Retrogamer0001]

If you do indeed plan on sending the item back to the buyer, do NOT cheap out - Paypal requires a tracking number to confirm the addressee actually did receive the item, otherwise he can claim it didn't even arrive and not have to pay you a cent.