Your right, he doesnt have to accept the return, in which case you will recieve the frame and can donate it to charity or the like.
Also to cheer you up more, he will get a mark against his account for returned items, and you can leave him negative feedback :twisted:
The thing is though, it is not your fault, these things happen and you are entitled to your money back. Plenty of scams on ebay, lots and lots, who's to say the frame wasnt damaged when he sent it? and the photos he used were from before, plenty of things get damaged during packing, ebay even has a seller option just for this, its that common!
Send it back :xmas-big-grin: