There is nothing stopping the seller sending a replacement of the item. If you close the dispute you CANNOT reopen it. Be wary, that's a common tactic by sellers to get disputes closed.

To be honest, you would be better getting a refund and then buying from another seller if your seller is a high-volume one with less than 99.5% feedback.

Edit to add. Things like phones are best bought from B&M stores where you will get a real warranty.