Order received is damaged,contacted seller, ask for refund & will keep damaged items, seller agrees

[smab-r-1s6typ]

Hi, my order was damaged in transit, contacted seller asked for a refund & I offered to keep the damaged items. The seller agreed but then said they would resend the items, and if I did not receive them in 20 working days to contact them and they would do everything to help me. To date, I still have not received the resent items, I have contacted the seller several times with no response. ebay say they cannot help as my purchase is no longer eligible for buyer protection. Please, is there anyone who can help? as to how I can get around this situation.