To send back or not?

[Blockhead]

I purchased a pcgs ms69 Chinese Panda off ebay and picked it up yesterday. 

The photo on the site was a stock photo (pcgs serial number does not match) but nothing in the description says there will be red spots on it! Many are small but one, below the end of the branch, is pretty big. 

I have messaged the seller (not opened a case) and they have asked for photos then said "please let us know if you wish to return it for a refund". No apology. 

I will be candid enough to tell you I sent an offer (before knowing the actual condition) of £39.00 delivered and this was accepted (£45 was the original price). A search on eBay suggests the seller will have to refund my costs to return if not as described, and I would argue that's the case here. Do you agree? 

I quite like the coin but I paid over pure bullion prices but seemingly a bit less than other graded older pandas (based on a quick search of actual ebay sold prices). Do you reckon I should keep it? Raise a case? 

[Xander]

If the seller is offering a refund I would take it and continue to shop for another or ask if he has another of the same coin without the spots.

[Shinus73]

If the seller has offered a refund, there should be no need to open a case.

As soon as you do, your payment will be frozen in the sellers PayPal account and may put the account in deficit. 

If this happens, the seller is less likely to be helpful.

[Bullionbilly]

I'd Take the refund. 

[Pete]

This is a bit of a grey area and in a dispute I am not sure who would win but would entail hassle.

If the seller kept the description simple then did you get what the seller described ?
I do not believe the seller needs to mention any defects or spots unless described as perfect etc.
The fact that the photograph does not represent the actual coin then you have every right to reject as not as described especially with a certified item.

You will never be happy with a coin graded MS69 with these defects so take the refund.
Unless the seller is prepared to pay for return postage up front you will either bear the cost or have to go through the resolution process which will take weeks.
If you are happy to just get refunded and you accept the return cost, take photos of the coin and add to a message that you send the seller on eBay so there is a record in the event the seller says this was not the coin or didn't receive etc. I am not sure about this but sending anything without tracking is a risk. Signed For post is not tracked so if the seller was claiming non receipt then you would be reliant on the Royal Mail compensation for loss and this item may end up not being covered because it is a coin  / PM.

[Blockhead]

Thanks for all the replies. 

After xander's reply I asked if there were any other graded panda coins - of any year - without any red spots or other form of damage. I did not say I wanted one in absentia of them receiving this one back. My hoping was they have others I could buy once the return and refund was completed to both our satisfaction. 

They simply replied "We think it best to refund you". 

In future I will avoid stock photos; in the case of the graded pandas there weren't many to choose from that were in the UK. If anyone can advise somewhere I can find them at a fair price in the UK please let me know.