I received the item **-*****-***** on october,* but the game doesnt work,i contacted t...

I received the item **-*****-***** on october,* but the game doesnt work,i contacted the seller who said that he was sending a replacement game, the days went by and I sent another message and later another message asking if the game had already been sent and tested first. The seller didn't even answer me, unfortunate behavior to those who have *** feedback, today is already October ** and I feel I spent ** euros for nothing. Now ebay customer service says that because i received the item with a tracking number i dont have no right to receive a refund just because the item was delivered to me? it doesnt mattter if the item is damaged or not workin for the customer service gentlemen? just delivered? is that the treatment that a long time honest ebay member (a buyer and a seller) deserves? ebay money back guarantee only works on a received item basis? broken or damaged item doesnt matter?