Bought a mobile device from seller based in Hong Kong. Dispatched – Not received parcel!

I have bought a mobile device from an ebay seller based in Hong Kong, the item was paid for on the 20th of February and was dispatched shortly after. The ebay seller told me that due to the Chinese New Year the parcel will be delayed by 9 working days maximum. Till this day I have not received the phone and I have paid for it over £200. The seller states that due to the delay, they will have sent me another battery and some other goods (Free beats audio, headphones, screen protector, 3 cases, extended warranty and a 11GBP) together with the mobile device as a ‘bonus gift’ , later received this message ‘The parcel is now transferring from EMS to DHL because shipping policy of EMS suddenly became extremely serious. EMS rejected our parcel because our parcel contains with 2 lithium battery, even our EMS parcel shipped under safety exception PI967 regulation. DHL is one of the shipping company still allow parcel contains with 2 battery, so the parcel is now passing to DHL, so shipping status not yet updated to DHL website. We apologize for any inconvenience thus caused but be assured that the parcel will arrive within very earlier coming week.’ 


On March 25th I wanted to claim for a full refund but since the seller provided false delivery confirmation, ebay cannot proceed the refund and closed the case in favour to the seller. So, I have paid over £200 for nothing. Can anyone please list of things that I should do? I have the tracking number and I will be ringing DHL later today. 


Also, the case was closed & the item date ended. The seller has promised that the mobile is insured and that I should not worry about it and it will come very soon. Now, they’re not responding to my messages and blaintly ignoring them.


I have both evidence of all the messages the seller has sent to me together with their promises and (partly false) information. Does any one see this case ending in favour to me as in getting a full refund or is there a chance of me still trying to fish for the mobile device?

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