If buyer dosen’t return item will we still get a defect?

Hi, 

a buyer has opened a not as described case as they were expecting a new/mint item & not the item in the photographs (I know, you couldn’t make it up).

Anyway I’ve accepted the return as what else are you supposed to do, but it hasn’t arrived yet.

 

Am I understanding it correctly that – if it arrives & I refund I will get a defect.

 

What happens if they don’t send it back?  Will I still get a defect?

 

Will they be able to leave a neg FB & if so will I be able to get it removed?

 

Thanks

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