eBay Issue

[JoJoYZF]

So I found a good deal on a pair of brand new basketball shoes as a buy it now on ebay last tuesday. I jumped on them and paid for them immediately following with my paypal account. I then got a message from the seller that read

Dear joed1340,

Thank you for the purchase and quick payment, you
will not believe what I am about to tell you. I
went to ship your shoe today and I accidently
dropped my ball point pen on the tip. There are 2
small marks on the shoe now. I can do 1 of 2
things. Issue you a complete refund or issue you
a partial refund of $10 and ship the shoes still.
Let me know what you would want me to do. I can
provide a picture if you are interested. But I
measured it, it is about 2 small marks and 1 is
about 1cm and 1 is about 1.5cm, it is where the
laces end.

- savesome.net

I received that last thursday or friday and nformed him to just credit me the $10 and send them anyway. I sent him a second message since I got no response when I noticed that he is no longer a registered ebay user. So I sent an email demanding some sort of answers today to the actual website that the seller was from and have yet to hear back. The seller has over 3k feedback and over 98% positive.

What would you do in this situation? I want to give them a little time because I did notice that a couple of the negative feedbacks were slow communication, but I dont want to get screwed. Should I just go ahead and file a complaint? If so should I go through ebay or through paypal? Any suggestions?