Technically, eBay rules and regulations prohibit this. However, you cannot force the guy to ship the item. As long as you get your money refunded, you have no recourse beyond filing a complaint with eBay and giving negative feedback
did he say the product was broke or damged and couldnt sell cos thats what happened to me.try reporting it to ebay at least they will then keep a track of it and if it happens too often they will kick him off