Never send payment by GIFT unless its a friend or someon you have dealt with before.
You cannot refund gift payments to get reimbersed you will need seller to send you a gift payment.
Banning member will do little get you funds back, leave the appropriate itrader feedback so others are aware.
I have said this before and I will say it again you cannot expect the moderators on the forum to ensure YOU transactions are free from abuse it is down to the individual to take care of his money not the forum.
I hope you get a refund but as it was a gift I doubt the seller will oblige and send you your money I would say at least you were decent enough to allow him to keep the cost of postage which you didnt have to so he wont be out of pocket
Good luck
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