Did you open a dispute with eBay under their Money Back Guarantee ? If you didn't or allowed the seller to string you along until it was past the time limit then it's your problem. You might be able to open a Paypal dispute but if the seller can show by tracking they sent you the item then you will lose the case.
Buyers on eBay have all the power if they use the tools that eBay provide for their protection.
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"Start me up I'll never stop......"
