Wrong Item Received After an eBay Auction
I won an auction on EBay for a subwoofer from an individual, paid for it through Pay Pal. I live in Illinois the seller lives in Texas. When I received it I put it in the closet because I was waiting to get another for a matched set. I did get another through EBay a couple months later and when I opened it I noticed it was much bigger and it was the proper one so the first seller sent me the wrong subwoofer and it is not the one he advertised in the auction. It is worth about half of what I paid for it and I would not have bid on it at all if it was advertised correctly. I contacted him. He then offered me half my money back upon return of the item or possibly a discount if I could prove it was the wrong one. I refused that and offered to send the subwoofer back for a full refund of the purchase price. He refused and said since it was more than 45 days since the payment that it was past EBay’s and Pay Pal’s refund policy time (which that part is correct) so he has no obligation.
I told him that the contract between us was void because performance was not met and he was obligated to refund my money once he receives his product back. He has refused and won’t communicate with me now. The purchase price was $1,400.00. I don’t have his address all I have is a cell phone number and an email address for him. What can I do?