am i in the wrong!!!

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Posted By: marty q

o.k, here is the story, i bought a 1953 mothers cookie set, paid $230 for it with ship and insurance. it came damaged, shipped by ups. the box was crushed, the set was in sheets in between 2 pieces of flimsy cardboard, the set slipped over the cardboard and the top 3 card of each sheet were creased from i guess the box crush at that spot, i emailed the seller, he says he put in a claim, great, but that i would have to wait for it. my thought is he should give me my money back and he should wait for the claim money. his take is i should wait and tough luck, am i wrong!!??. btw, i sent it back with ups and a claim it was damaged.