Item received in eBay that had misleading description. Refund policy but won't refund.?

Question

I did ask question and the asked for a refund on the date the 7th day I received the item. It is clearly misleading that the person described the item as excellent and that her son only used it for 6 months. Never did she mention that she had previously purchased the flute as a used rental before she had it in her possession.

the case is broken, the cleaning rod is missing and the flute is moldy. Had to clean it more than 2 x and it is still mold infested on the inside. Gave up and just rented until I can get this resolved.

She could tell I wanted a refund but didn't respond until days later, too. I am going to Paypal and their resolution center. Do I have a chance?

I requested the refund on the 7th day of the item received not the 7th day after it was sent. So, does that matter?

She seems like she will fight it. It was over 200 so, I am not happy. I will probably get some of it back by relisting but still...

Answer 1

First off- don't relist it.  You're angry with the condition, so there's no point in passing the trash along.  If you're desperate, pawn shops buy instruments sometimes. Also, many instrument rental/purchase places will buy used/old items.  They might buy it from you too.  It's worth a shot!

File a complaint with ebay and with paypal.  It's probably a better bet to start with ebay.  Call their 800 number for customer support and tell the person your situation.  Also, in the part where you can mark the item as recieved, leave feedback, contact buyer etc., there's also an option to file a complaint.  DO THAT!!!!  The seller will be alerted.  If they have more than a couple complaints in a certain time, ebay will close their account.  Also, make sure to leave feedback so that other buyers can be warned.  Don't let this die.  Recently, ebay has taken a very strong stand in protecting their buyers, so they'll likely work with you to get it fixed and your money back.  You'll probably have to get a new flute, but at lease this fiasco will be over with.  

Good luck!