Yes have been in touch with the Seller, Seller is saying not their problem, so it looks like i have to do the Claim.

Thanx yes im well aware of time frame and no Packaging wasn't sufficient thats why i thort the Sller should do the Claim - anyway will be taking to our PO to sort out, will see what happens from here

Open an Item not as Described with ebay.

If the seller wants it back, they have to pay return postage.  They should issue you with a return label.

Do not let the case time out or you will lose. 

Do not close the case, until you have a full refund, no matter what the seller says - you can't re-open it.

If there's no response from the seller - ask ebay to step in as soon as it allows.

Thanx for that

will try PO see if they can help first as you can clearly see its been dropped on the corner, if they don't will Open ebay Claim as the Seller doesn't want to know

thanx

If you can, take photos of the packaging / damage to upload into the dispute.

Yup have done that and have kept the packaging as well..............

Take the packging to the PO when you go....they will inspect it at the very least and may keep it for further investigation.