You really need to open an Item Not Received dispute which you can do from your buying history on the drop down menu to the right.
Seller can refund through the case at any time, but if he still hasn't done by the 4th day, escalate to ebay who will enforce a refund.
If you then receive the phone you need to open a return using the reason: Item not as described and if the seller wants it back he will send you a return label and refund you on return. If for any reason the seller doesn't either refund or send a label. escalate to ebay on day 4 to get refunded.
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