As was suggested earlier, make one attempt to quickly resolve the issue with the seller. If you don't get a response within one or two days, file a claim with eBay. They will put a hold on payment (if you paid with Paypal) and that should inspire the seller to resolve the matter.
The same thing happened to me recently while winning an auction for a "like new" and "perfect" Bold 9000. Although it was not seemingly abused like the phone you purchased, it was far from perfect and the seller only agreed to refund my money after eBay demanded for misrepresenting the item.
In the end, everything worked out for me as I won another auction for a Bold 9000 and the phone in fact was perfect/like new; I expect that you also will work things out...good luck!
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