PLEASE HELP! eBay Seller lied and 28 days later the item has not arrived or showed movement?

[jungleexplorer]

I ordered two unlocked smartphones from an eBay seller listed as being in New York on December 30th to take with me on an international trip I am about to leave on.   The tracking number shows that the seller printed out the shipping label on January 1st, but did not ship the item until January 11th.  The tracking shows that the item was not received by USPS in New York, but in COLUMBUS, OH 43235, but is still listed as:

• Jan 1, 2019 - Tracking number provided

• Jan 11, 2019 - Shipment Received, COLUMBUS, OH 43235: Package Acceptance Pending

I first contacted the eBay seller on January 13th, two weeks after the original order date.  The seller responded and said the item would get to me by the 20th.  It did not, so I contacted them again and they said it would arrive on the 24th.  It did not so I contacted them again.  Now they are saying it will arrive on the 31st. 

Because I am leaving before the 31st, last night I asked them to ship me two new phones Overnight Express and I would pay for the shipping and reject to original shipment if it ever arrives.  The responded and said. "We are not ABLE to ship overnight."  I thought this to be an odd statement since they provided me with a USPS tracking number and if they are in New York, then they can ship it overnight express.  But here is the thing.  I don't think they are in New York at all.  I think I am dealing with a Hong Kong based company that is fraudulently listing their product on eBay as: 

Item location:

New York, New York, United States

So here is my issue.  I intentionally ordered from this seller because I thought they were in the US.  They intentionally lied about where they were shipping the item from and now I will have to go on an international trip without a phone that will work in the country I am going to.  Just getting my money back is not enough here.  They lied and have continued to lie to me the whole time and it has caused me serious injury.  I want my money back and I want to report them from fraud.  What can I do?

[kernowlass]

@jungleexplorer

1. Open an ebay dispute.

2. If too late then open a paypal dispute as per below.

How do I open a dispute with a seller when a purchase goes wrong?

You can open a dispute in the Resolution Centre of your PayPal account within 180 days of payment if:
•You don’t receive the item
•You receive an item but it’s significantly different than the description on eBay or on the seller’s website

By opening a dispute, you can communicate directly with your seller to work out a problem transaction.

If you reach an agreement with the seller you can close the dispute. If you're still not happy with the result, you can escalate the dispute into a claim. We'll review the claim and decide on reimbursement.

These steps apply to Personal accounts. If you have a Business account, please log in to see the steps that apply to you.

To open a dispute:
1.Log in to your PayPal account.
2.Near the bottom of the page, under 'More about your account', click Resolve a problem in our Resolution Centre.
3.Click Dispute a Transaction.
4.Select the button beside the transaction you want to dispute, then click Continue.
5.Select ‘Item dispute’, click Continue and follow the on-screen instructions.

Note:
•Generally buyers must wait at least 7 days from the date of payment to escalate a dispute for an item not received
•Where an item has not been received, please ensure you have given the seller enough time before opening a dispute

https://www.paypal.com/webapps/mpp/first-dispute

DO NOT CLOSE THE DISPUTE UNTIL YOU HAVE A CLEARED REFUND OR YOUR ITEM WHATEVER THE SELLER SAYS. ALSO DON'T FORGET TO ESCALATE THE DISPUTE TO A CLAIM WITHIN 20 DAYS IF THE SELLER DOES NOT REFUND.

If that does not work then if you funded your paypal payment via a card then contact your card issuer and see if they will do a chargeback for you.

[jungleexplorer]

I called eBay directly and they have opened an investigation into the matter.  Hopefully, this is not just some words, but they will actually do it and issue some form of punishment on this company like one month account suspension or something.  They probably have a bunch of accounts and it would not hurt them, but at least it would be some extra work for them.  If it were a US based seller I would scare the crap out of them like I did the last eBay seller that ripped me off.   I don't tolerate this kind of crap.  Just because I am just a little guy does not mean you get to step on me and get away with it. I will make you suffer, even if all it is is a pinprick to the bottom of your foot.