Was ripped off, please help!

[boba]

I recently purchased a card from ebay and it came damaged, the seller did not offer a return policy so I asked him if he would take it back, here is our messages.

Me:
Hey man, I actually am messaging you to ask if I could send this card back and get a refund. There are two pretty big and visible creases around the jersey piece(see scan). If the card was for me I would take it but it was for a secret santa. Please let me know soon and thanks.

Him:
ok, send me back the card but I dont refund shipping, with all pleasure I give your money back. Sorry I must pass that one, great day!

Me:
Card is on its way! Thanks for being cool about this!

Him:
no problem ill let you a good feedback
great day

Me:
Have you received the card back yet?

Him:
Hi friend ill be going to the post office tomorrow and let you know thanks for reminding me

Me:
No hurry, I was just wondering if you have already.
Thanks!

Him:
hi i just receive the card and would not have any problem in refunding the money but clearly the card i send i didnt send it that way i have the pic of the card and it wasnt any damage in that area let me know how we can work things out
great day

Me:
Yeah, I purchased the card because I didn't see anything wrong with in the picture on the listing, but when I recieved it it had the creases around the piece of GU.
Do you need my paypal address?
Thanks again!

Him:
no friend i didnt sent the card like that lets make a deal first i saw my picture and it wasnt like that nobody will accept or give refund after seeing such of thing, in a photo that will be impossible to hide that why i will not agree to refund i offer or a partial refund or send you back the card



So here is my question, if I open a case would ebay rule in my favor even though he didn't offer a return policy? Really what I want to know is what should be my next move.

[Italy61587]

Just open a dispute with ebay. Make sure you keep a record of what was said because if you don't it's like it never happened. You clearly told him why you were sending back and he agreed. I don't see why ebay wouldn't rule in your favor.

[boba]

Thank you for advice! I opened a case.

[Valdorian]

I agree, I think you're in the right and eBay will see it the same way, good luck getting your money back!

[jbball50]

You should get your money back, especially with some of the ebay deals gone wrong the other way have went and the people have gotten refunded their money and got the high end Jordans and what not in the end when they say they hadn't received the card.