I was in a semi-similar situation, in which I bought a book, got it graded, and it came back restored. It was a pricey book. I PMed the seller to let him know but did not demand that he refund me. I figured that was the risk of buying comics raw. The seller happened to be an abnormally standup guy and said he would refund all my expenses to the penny. I thought about it and took him up on the refund. The whole situation was unfortunate but I did not actually expect him to toss me that complete refund. He volunteered on his own. So I suppose my feeling would be to make the seller aware, put the onus on him/her to offer a refund, and use this to at least begin a conversation. Then decide accordingly what should be done about it. If the seller seems sincere then work out a mutually satisfying agreement. If the seller shrugs and says, "Whatevs. Your loss." Then nominate them for the PL. Ironically, I wish I had just kept the restored book I sent back. It's worth double now what I paid for it, even with the resto.