Seller threatening me after I received an item different from the description

[d999ma-2]

I purchased an item from a seller from USA who has 100% rating. The listing description stated that the item is brand new, sealed and unused. I received the order almost one month after placing the order. However, when I opened the package there was a damaged postal packing inside the box and the box had no seal. They seemed used and old, with only one earpiece working, other wasn’t working. I checked the serial number on each ear piece and it was different from the one on the box. I reported this to seller and he started threatening me and blaming me that I am lying. He threatened that he will make my life hell, get myself and my family arrested. He threatened he will fly to my place. I talked to the customer agent at ebay over the chat and they told me to wait a few days, if the seller don’t provide return label, ebay will step in. I right away reported the threats and the fraud to my local police. He sent me like 10-15 messages blaming and threatening me. What else should I do?
Will I be able to recover my lost money or am I out of luck?

[d999ma-2]

I don’t want to deal with the seller anymore or reply to him! I just want to throw his garbage stuff and get my money back.

[d999ma-2]

So the seller sent me a fedex ground return label. Should I go ahead and drop the return at fedex or should I confirm with fedex first if the tracking number will provide me updates when the package crosses border and gets delivered? Should I also take pictures of packing back whatever I received? Any other tips I should follow? Many thanks @femmefan1946 @pjcdn2005 

[pjcdn2005]

You can't just throw it away and get your money back at this point...you have to follow the money back guarantee ruless. As the other poster suggested, open a return request stating that the reason was that the item was not as described or damaged...something along that line. Regardles of what the seller then wants to do, they are required to either refund  you or pay for a shipping label so that you can return it.  eBay can only issue returns labels for returns within the US but they will require the seller to either send you a shipping label or the money for a shipping label. You can figure out how much the shipping will be via Canada Post. If the package is under 2 kg. you can use Tracked Packet USA. If it heavier than that it would have to be sent Expedited Parcel US. It will take a little effort on your part but since ebay has no way of knowing the actual condition of the item when you received it, it is up to the seller whether or not they want it back or to refund with a return.

If the seller refuses to send money for a label or send a label, you will have to contact ebay to let them know. If that happens the seller will be forced to refund without a return.

[femmefan1946]

TRACKED is very important. You must be able to show the thing has been delivered.

[d999ma-2]

So the seller sent me a fedex ground return label. Should I go ahead and drop the return at fedex or should I confirm with fedex first if the tracking number will provide me updates when the package crosses border and gets delivered? Should I also take pictures of packing back whatever I received? Any other tips I should follow? Many thanks

[marnotom!]

I would seek confirmation that the return label will work for a shipment out of Canada if the information on the label doesn’t suggest that it’s “international”.  Keep in mind that the package is going to require customs documentation.

[reallynicestamps]

And the customs form should note that this is Returned Merchandise.

I'm not sure, but if for some reason the label is not a tracked service (although I think all FedEx labels are tracked) you should ask if you can pay to upgrade it.
Without tracking you cannot prove he has the unwanted items back and therefore you lose the dispute.

We may be being a little over-protective here, because most Disputes go smoothly.

[d999ma-2]

I checked tracking number on fedex website and it's working. I am unaware about customs documents, will the seller provide by himself or do I have to do something? On the label it says (US) I am not sure what it means and the FROM address on the label is my home address in canada and TO address is seller's address (I received the package from this address along with ebay GSP processing center in ERLANGER, KY ) however, on fedex tracking website it has FROM city as seller's city and TO city as the city where it was processed at ebay GSP center (ERLANGER, KY)