Many thanks to everyone who has posted replies to this thread, I'd never ever used forums up to joining Treefrog's and it's been a great help, so thanks again. Re. the figure, I reckon I can now safely assume that the seller did one of two things; 1..He never checked the contents of the box at all, or 2..he checked and knew about the damage (as it was clear to see when I lifted of the top layer of foam) and decided to go ahead and send it anyway, what with him being in the US and me being in N.Ireland. I have politely asked him to do one of the following.
To refund the payment plus return postage at which point I will within 24 hours ship it back to him. Sadly I no longer have any faith in the seller to send it to him without being re-inbursed first. Or second choice, refund $60 to cover the costs (slim as they are) of trying to obtain the figure if ever it comes up for sale here or on eBay.
Again I'll let you all decide on weather I'm being fair or not. Thanks everyone.