Won and auction, but the item is far from mint as described

[62t]

I won this auction
http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&rd=1&item=8233192889
the owner claimed the condition is "the game is in mint condition, opened, but still in pristine condition. I take excellent care of all of my games. "

However this is not true. The case and disc are prertty beat up and there are some scratches on both disc. Worst is there appear to be some coffee spilled on the manual. I think the condition does not fit what the seller described.

The seller already gave me positive feedback, so what should I do now?

[Ugamer_X]

Contact him first and work it out from there. He already left you a positive, so you're in good shape.

[weimerwanger]

The first step should be to talk it out, this doesnt have much potential to get really ugly.

[62t]

the seller agreed to refund the cost + the cost of shipping. However I just want to ask the seller just to refund me part of the amount i paid. is it reasonable to keep the game ask for $3.35 (ebayfee + cost of shipping) back in paypal instead?

[weimerwanger]

Maybe, just be tactful, dont make him feel like you're in any way asking for both the money and the game, and specify that you're just proposing a different deal. He already left feedback he probably wont freak out.