Long shot but it could of been damaged in shipping.
If they were packed really well then it might of been misleading by the seller.
I'd wait for the seller to respond and see if he'll offer a refund. If not, it's a tough situation anyways because he can just say they were in good condition when they were sent and it'll be your word against his.
Ouch, I'm sorry to hear about your deal-gone-sour. I think you are handling this professionally, not jumping into conclusion or starting flaming before seller get a chance to explain.
If the seller admits that the phone was sold with such defect, I would just return it to the seller and get a full refund (probably loose your shipping, minimum-loss). If you try to get some $$$ back, it may just complicate things. Then again, your milage may vary... I'm very anal so I would like to do it right or don't do it at all.
President treasurer secretary and sole member of the Cayman Islands Head-Fi Club.
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Guru, hopefully if your seller is an honest and fair person (nearly all head-fi members are) he will agree to provide a full refund if this is your wish.
While it may be difficult for sellers to "take a hit" on a products that get damaged either in their possession or during shipping, it is clearly not fair for them to expect the buyer to pay the agreed price for what turns out to be (for one reason or another, but beyond the buyer's control) less than what they bargained for.
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