First e-bay problem can anyone help

Annie021063

Ok- so I recieved an item which I purchased from an e-bay seller. Fistly she stated it was new and I don't believe it is (the picture of the item on the listing appears to be sealed, mine isn't and the contents appear to be used and the box is knackered and stained) secondly she was supposed to post it first class and it came second. I have contacted her and no response so I have sent a second e-mail stating that if she didn't reply I would be contacting e-bay. Am I right to do this or is there another avenue I should be going down.
Thanks

slowen

If the seller does not get back to you then start an "item not as described via ebay/paypal.

The postage could be a simple mistake as some sellers send loads of items out at once and it is an easy mistake to to get postage items mixed up but if you have paid for 1st class then they should refund you the difference.