do i file a claim?

bought a pair of "lightly used" authentic ncaa shorts...well needless to say when they show up there is something like a gum/sticky substance stuck on the front of the shorts...not as lightly used as the description says...anyway contacted the seller and they claim "nothing was on there when i shipped them."...he has a 7 day return policy and has asked for pics of the spot...sent him pics and no response...should i just file a claim?|||I'd give him 2 or 3 days to respond. If he doesn't, file.|||In a word, yes. You will be required to return them at your own expense.