But if i do that will void any return policies that this seller has.
KISS
Keep It Simple.
Whatever the seller says about returns, if you paid by Paypal you can return the item as Not As Described
Paypal trumps the seller's policies.
Now.
First get a response from the seller agreeing to the return for refund.
If he does not agree, you can open a Not As Described dispute.
You want your money back, not another item, because there is no reason to believe the returned item will be any better.
PP will tell you to return the item using Delivery Confirmation. This is Expedited Parcel. You will not be refunded the return shipping cost.
When the DC shows that the seller has the item back, he can refund with no penalty.
If he does not, PP will refund you, and go after him for the money. There will be penalties for him.
You only have 45 days to do this.
You have 60 days to leave feedback and Detailed Seller Ratings.