Business seller refusing a refund after I've already returned the item

[hawkwind_gaming]

Hello. I've recently returned an item to a business seller as it didn't meet my expectations.  It was an Xbox game. They received the returned item today. I have just received a message saying they won't refund the item as it has been opened, and their policy is to only refund items that are returned unopened. Are they allowed not to refund in these circumstances? They have offered to send the item back to me instead.

[tressygirl]

Whilst it's true that items do need to be returned in the same condition as sent out,  but there are conditions that packaging has to be opened to test said item to know if it works or not.

I'm not exactly sure what you mean by ' Not meeting my expectations'. 

If this is a case of simply not liking the item , perhaps it's not as good as you believed it to be, but in no way faulty, then the seller may not need to refund you.   A seller has to refund if an item is faulty, but if it's just ' not liked'  ,  you may lose a case here for a refund .

Hard one to judge,  and a case may go to appeal for Customer Services to play out the result here.

@hawkwind_gaming 

[*guinevere*]

Adding to the great advice given by @tressygirl  you don't actually say whether you have opened an ebay return case or whether you simply returned the game to the seller without opening one.

If none of this was done through a case you have no way of getting the seller to refund. 

As Tressy says, we don't know your reason for returning. If it was a "change of mind" return your seller is right to be aggrieved that it had been opened.

You can open a return now, and add the tracking number to the case, then escalate to ebay for your refund.