It depends on international laws, I guess...
But a broken shoulder is a definite flaw and you either should get a replacement body or even your money back.
To keep all potential issues with my figure dealer at a minimal level, I try to avoid buying expensive figures from foreign sellers.
When buying items in Germany via internet, the seller has to give you a complete refund within 2 weeks if you aren't satisfied with the product. You don't even have to give your (figure) dealer a reason for returning the item.
Looking at all the quality issues I had with my first Enterbay Joker and even with one of of Batsy's cowls (a micro bumb due to a tiny air bubble in the casting mould which I was able to correct with a black wax pen and some SONAX polish), I just wait now for my pre-ordered 1/4 scale Rambo to arrive - and that's it with Enterbay for me then...
Without any doubt, their figures are great - as long they arrive without any flaws...
Whenever I order expensive figures or any other items, I don't want to have a bad feeling in advance about whether they will arrive in a pristine condition or not.
Please don't get me wrong: I am very satisfied with my two Enterbay figures which I own today - but all the stress shouldn't have been there in the first place...