Can I return an item because it arrived late

[uzzy9572]

The buyer listed it as 3 day postage and on the day it was supposed to arrive, he admitted (via ebay message) he had not even dispatched it. It has still not arrived. When it does arrive, can I return it for not as described as he sent it late, or can I refuse delivery to get a refund as I had to order the item from a local shop because it did not come on time

[john1297576]

If overdue you should open a Not Received case, then seller has 3 days to refund before you escalate to ebay.  Once you have a refund, if item then turns up, it is up to seller to provide money for return postage or I suppose you could just refuse delivery. 

Seller has caused this problem and you have the ability to leave feedback and stars including LATE DELIVERY.

[uzzy9572]

Hi, thanks for your advice. My concern is that the item will arrive on the same day that ebay is going to step in, so when it arrives shall I just close the "Item not arrived" case and open a reutrn case as it did not match description.