Item not as described but seller refuses to refund

[potatouser]

I ordered an item and received an item not as described in the listing so I requested a refund/return stating clearly that I do not want a replacement. Seller refused the refund and ignored my statement that I don't want a replacement and sent it anyways. I attempted again to make the same request but the seller made the argument that he has sent a replacement so I will be receiving my item as described despite my wishes for there not being a replacement. Will eBay step-in side with the seller or review the case to refund my payment because the seller ignored my request?

Am I entitled to a refund because of the original sent item was not as described or will I be forced to accept the replacement even though I no longer need this item?

[pjcdn2005]

Did you open a return request on eBay using not as described (or something similar) as a reason for the request?   When you do that, the seller has to either refund you or accept the return and provide you with a return label so that you can send the item back.  If they don’t, you should be able to ask ebay to step in.  They can suggest a replacement but they can’t force you to accept a replacement when you want a refund.

Where is the seller located?

[reallynicestamps]

but the seller made the argument that he has sent a replacement so I will be receiving my item as described despite my wishes for there not being a replacement.

Did the seller give you a tracking number for the "replacement".

I agree that a refund is better business, since not only does it cost the seller less (if he sends a replacement he is out two items and two shipping charges) but also there is no reason to believe the new transaction will be better than the first.

And did you open an eBay dispute?

The eBay Resolution Centre is at the bottom of this page. The dispute is Not As Described.  The seller will be required to send you return shipping (a label if he is in Canada, money (usually by Paypal) if he is elsewhere. Sometimes eBay will send the Return Shipping Label and charge him, which is easiest.

You have 30 days from delivery of the first item to do this.

If you missed that deadline, you have 180 days from Payment to Dispute on Paypal.

The PP Resolution Centre is at the top of the page under Tools.

The drawback is that PP insists that the Buyer pay for return shipping before processing a refund.

[potatouser]

The item was a digital good which was actually also listed in the wrong category as non-approved eBay sellers need to list in a specific category for digital goods by policy. Later discovered the item originally shown in the listing image(digital photograph) is owned by another company which this user is highly unlikely to acquire a license for reselling. Which was probably why I was sent a completely different digital photo instead in the first place. Seller argued that because this is a digital item, I cannot return it to them despite it being misrepresented by the listing image while sending a "replacement" which once again, I have specified not to send a replacement in the return order. 

I have spoke with customer service at eBay and have been told I should receive a refund, but because it is a digital item, I cannot be refunded by them and will have to request a chargeback on my credit card.

[potatouser]

I opened a return request using not as described while stating I do not want a replacement. Since this was a digital goods purchase, the seller replied to the request by sending a "replacement" in the reply and continued to conclude that now that the "exact item" is received that I am not allowed a refund. Which by definition, I believe is forcefully sending a replacement. I have filed this as a dispute with my credit card provider. This should fit the necessary requirements to request a chargeback if I'm not wrong.

The seller is located somewhere in Canada.

[reallynicestamps]

The item was a digital good

Neither eBay nor Paypal extend protection to buyers on digital goods because it cannot be proven that anything was sent nor that it is not as described.

and will have to request a chargeback on my credit card.

There you go.

[potatouser]

Actually the item can be proven that it was not as described because it was sent through eBay messages, along with the replacement the seller tried to force onto me. So it can be proven by looking through my private messages, and can be seen clearly the original sent item is not the same as depicted in the image. Nevertheless I'll still be relying on the chargeback though I worry the seller would send fake evidence to reverse it as he has not been honest at all in any way.