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Phone not as described. Paypal dispute?
 

Recently purchased a phone through ebay, seller delivered it on time.
The phone was described as new but its clearlynot. got a few scratches on it.
I want to return it to the seller but they are not responding.

should i open a dispute on paypal?

Thing is its a phone so it has a unique IMEI number. Could the seller claim that i sent him a different phone? he says he has a record of the IMEI number. How can i prove to paypal that i am sending back the same phone he sold me?

Call eBay or PayPal and explain the whole situation to them and snap a picture on the phones and send them. Make sure send them the url of description of listing too. They might give you some advice on this.

I would wait at least 3 days....give the seller the benefit of the doubt. On day 4, I would file a dispute and do suggest taking those pictures and add them to your dispute on Ebay.

You need to give seller bit of time to respond - even 5-7 days is allowable. You do have a long period to be able to put out a claim