Please help - likely being conned by a knock off product

Bought an item - (funko pop toy) as a christmas present for a family member. Was cheap thought at the time was cheap but was looking for presents so bought. It arrived promptly - stand broken, with poor paintwork chips, competley misprinted basketball lines that werent straight...oh dear. The item did not say shipping from china when bought however the ebayers name is clearly a asian type name (however posting is tim??).

 

Straight away I thought this is fake and i want my money back. Emailed the seller which he said all fine expect a refund soon. Nothing happened for 2 - 3 days then i emailed again for which he replies in broken english hello, friend i cant refund i have tried this is a paypal issue please contact paypal. Which my paypal is fine and im pretty sure his is too as he is continuing to sell after the 3rd time i thought this is enough i need to go to the resolution center. I have only had to use this 2x in the past and both went fine however now i can see it has been completley automated which is 0 help. 

 

The only option i have after clicking item arrived not as expected is to refund. A few different points here, i shouldnt have to return fake merchandise, the buyer has previously already stated hed give me a refund without returning, the item was completley broken what does the seller want with a broken knock off. 

 

However, (please dont sigh) i cannot reven return as i trusted the seller once they said refund no issue and so i proceeded to throw the item and my common sense in the bin. I figured its broke, they havent asked me to reutrn it and so im now fine. 

 

My only options now are ebay prompting me to return an item i dont have, which is fake, which a seller who is clearly tagging me along (they dont know i dont still have the item, but I DO have pictures of it broken) from what i sent on the original message. I was under the impression i could actually have the case reviewed by someone on ebay as previous so it would be sorted but i think due to my foolish trust  and haste i am going to be conned out of 11 quid. Its not the end of the world but it is a tad annoying as a tenners a tenner. 

 

Is there anything else i can possibly do to get my money back knowing this is clearly a fake item and that i shouldnt be having to return counterfeit goods anyway. Or do i not have a leg to stand on, the return request ends on 22nd jan. 

 

Many thanks, 

 

Josh

 

 

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If you have no item to return you cannot get a refund.

 

Ebay don't get involved in whether an item is real or not.