Please Help!!!

[perrin5000]

HI, I bought an Ipad from a seller 'unwanted gift brand new in box'. accepted payment methods were COD, papal or bank deposit.  Initially I bought and paid from my iphone via paypal. When i got home I had another look at add and noticed seller requested bank deposit. I sent a message apolgising and they replied and sent me a refund via paypal, reason being money clears after 2 business days in their bank or 5 days from paypal to bank. I thought that was fair enough so paid into there westpack account.

After money cleared the item was sent. Postage was included in the price. They did not send it registered (I assumed it would be registered as it was an Ipad). Item hasn't turned up yet (2 weeks and couting - Dubbo to Melbourne) I have asked for refund and said if for what ever reason item turns up i will send it back. UNless I am mistaken, after two weeks it is reasonable to assume the item has been lost by Aus post with no tracking record. They have mentioned they will put in a complaint, but I need my money back now. Either way the claim goes with aus post, they will receive the insurance or not (all $100 of it at the most from what I've read (ipad was 777.87)), so as I see it I should be entitle to a refund now? 
If they refuse o give me a refund until the claim is made, what grounds will I have of getting my money back if they just fall off the radar? Surely the time gap will be to big for ebay to do anything about it?? Can they do anything about it as I paid via bank transfer?

they have an 8 feedback rating with 2 negs in the last month, they were 100% when i bought, but im getting worried form what I'm seeing now, and their comments are set to privat so I can't see if the negative feedback has come from other possible Ipad related shananigans.

What are my options here? Somebody please help!

[colkym · Accepted solution]

I noticed they have changed their feedback to private,and that you havent left feedback yet.  I am betting you have been had.  Even if you havent been had, the seller had no right to refuse your paypal payment.

A common scam is to make up some story about paypal accounts  (usually it is that their account is not working)- this is a variation of the  scam to con you into paying via bank deposit. The truth of the matter is paypal funded from your credit card is instantaneous paymetn not 5 days wait.  NEVER EVER pay for anything by anyother method- excpetion are only for pick up items- in that case cash is best.

Print everything off that you can, and open an item not recieved dispute.  Take all your invformation to the police, here is a link to the Qld police site with links to other states:

http://www.police.qld.gov.au/programs/cscp/eCrime/internet/report/

I am sorry you have lost so much money,and I wish you every success in getting it back.  You have no buyer protection in ebay as you didnt pay via paypal- I would  also leave a big red neg now- no one will see it, but hopefully it will reduce his feedback percentage to such a point that maybe people will think twice before buying form him.  Dont mention going to the police or disputes in your feedback, ebay could remove it then.