Seller is refusing to refund me even though I have returned the item

[itsallforthebest]

I purchased a guitar and amplifier for £130.  The item was described as "...both are in fantastic condition hardly any wear and tear".  When the item arrived it was damaged due to poor packing.  Before buying the item I asked the seller how he intended to pack it and he said he would use a cardboard box and bubble wrap, but he used a thin layer of bubble wrap and brown paper.   On top of this, even if it had not been damaged during shipping it was not in the fantastic condition as described but had numerous scratches, the guitar strings were rusty in places and it was caked in dust.  The amplifier which was wrapped seperately but also in bubble wrap and brown paper, suffered a few scratches but was ok.

I contacted the seller and registered for a return.  The seller, on seeing my photos was apologetic and agreed to accept a return and full refund.  However, I indicated that if he wanted to sell the amplifier seperately, I would buy it and pay half the shipping costs.  We agreed £30 for the amp and £15 shipping costs.  However, becasue I had to return the guitar, I suggested paying the shipping costs to return it and cancel this cost against the half of the shipping costs I would have paid to keep the amplifier.  Therefore, if I returned the guitar, the seller would repay me £100.

The seller did not formally accept the return by clicking on the eBay link which I have only just found out he should do.  However, he agreed in writing that I could return the guitar.  

I packed up the guitar and did an excellent job using far better materials than he used to send it to me.  Becasue I was busy, I was struggling to arrange to send it back and time moved on.  I emailed the seller via eBay to explain this and he said in his reply "...just send the gutar whenever possible, it's no rush so don't feel pressured at all".

I eventually sent the guitar back via Hermes courier service.  The following day, I recieved an ebay notification that the Return was 'closed'.    The seller then claimed he did not give me permission to return the guitar and I was too late to return it.  Of course, it was already on it's way to him via Hermes courier service.

The seller has confirmed recipet of the guitar but he has spent some time saying he needs to have the guitar checked out at a repair service.  He asked me to re-send the photos of the damage which I did.  I also sent him some additional photos.

After a few days the seller came back to me and said he would only refund me £50 becasue he could not recover his ebay fees.  He also said the delay prevented him from making a claim with the Post Office which must be received online by the Post Office within 30 days.  He is suggesting that becasue the guitar was not in his physical posession he could not commence this caim.  However, this is untrue.  He had all the photographic evidence he needed and he could have submitted his claim to the post office by starting the process with them online.  Therefore, he is wrong to say I prevented him form claiming compensation from the post office.

The seller is also trying to make me responsbile for the repair costs to the guitar becasue he claims it is my fault he cannot make a claim againstthe Post Office.

Despite this, I have indicated to him I would accept a refund of £80, thereby reducing the amount he owes me by £20 to compensate for the inconvenience and the £8.50 seller fees he would have lost out on (the £8.50 represents 10% of   £85 being, £130 minus £30 for the amp minus £15 shipping for the amp = £85).

The seller has not replied since my last communication to him in which I said I did not accept his offer of a £50 refund, but I would accept £80.

The only thing I have done worng here is return it outside of 30 days.  However, I had no information from him or ebay which I would have expected by email warning me of the deadline.  The seller even said I could take my time and indicated in wiritng he would accept the return.  I have paid to return the item myself as the seller did not send a return label.

The seller on the other hand, gave an inaccurate description and sold me an item which was not described.  The seller also said he would pack the item in a certain way to protect the guitar but then failed to properly protect it by not packing it in the way he said he would, and so the item was damaged in several places during shipping.

The seller has the guitar back in his posession.

The seller says he has given his version of events to the ebay community and said they told him he did not have to refund me but becasue he had the guitar beack, it would be ethical for his to refund me.  I am concerned he will have given a very biased account, leaving out the description of the true condition of the guitar and the fact he said I could take my time to return it.

I have been an ebay member for 13 years and I have a 100% feedback rating of 658.  I am a decent honest person.  I have kept the seller infomred all the time about this and apart from returing the item 2 days late, I have been extremely reasonable with this seller who has a rating of  just 1.  He is being very unreasonable.

Please can you offer you advice on this matter and tell me if I can register another resoultion/complaint and can you help me get my money back?

Thank you

itsallforthebest