You are VERY LUCKY.
The same scenario happened to me a month ago, except the tube came in empty. Like you, it was an item I had been trying to get for a long long time. Years. I was happy to finally locate it.
Now, how do you prove that a tube came in empty? I happened to be home when the mail lady (who I truly believe hates me
) delivered the tube. I had her sign an affidavit (or something like it) stating that the tube came in empty. The poster wasn't very expensive ($300) but still, I did want my money back, if only as a matter of principle.
Of course, the seller didn't want to hear it, and I don't blame him since he did send the poster.
I contacted Ebay and then made me go to my city's police station to file a theft report. A theft report? I don't think my poster was stolen. Most people, especially mail people, don't give a shit about movie posters. It just fell out somewhere and was probably crushed and destroyed. Whatever!
The police told me they had no one to take my theft report and asked me to call their dispatch number. I did, and within 20mn two cops showed up at my doorstep and took my report. My kids' nanny was very excited, because one of them was "super cute." But I felt like such an idiot. Sorry to bother you for a lost movie poster, I just want my money back.
I emailed everything to Ebay and within an hour, the money was on my account. I do love Ebay for that.
But I miss my poster
T