with the dispute--you HAVE to file a dispute, and if the seller doesn't resolve the issue then (copied and pasted from the eBay site):

I feel I have no other option but to escalate this to a claim. When the buyer selects this option, eBay's Trust and Safety team is immediately alerted about the transaction. If warranted, the seller's account may be restricted or suspended. If the buyer closes the dispute with this option and the transaction is eligible, then the buyer may file a claim under eBay's Standard Purchase Protection Program, where they may be reimbursed up to $200 (minus a $25 processing cost).

Here is the link for eBay's Standard Purchase Protection Program: http://pages.ebay.com/help/tp/esppp-process.html

If you need more links, just ask, I'll find them for you lazy whimps!

NOW GET WITH IT AND REPORT THIS STUFF YOU LAZY WHIMPS!!!!