Seller is not shipping the items I have purchased, will I get refunded by Paypal?

[SkandTheGreat]

I have bought some items from a German seller, form which I had bought 3-4 time before without any problem.

The purchase was NOT made through ebay. 

My last purchase from him was around 45 days ago, and he sent to me only a small part of the package, then asked me more money for the shipping, which I send to him.

He got the money, and not even he did not ship the items, but he didn't even reply to my mails for a month.

I waited a month, hoping that he had shipped my package and went for holidays and then opened an paypal claim asking from him to ship my items or refund me with the EURO 475.00 that he owns me.

He did reply on the paypal case telling me that he is gonna ship it tomorrow (and now 1 week has pass) and he does not respond again.

He sent me an email that he had trouble in real life and was short in money ecc.

Now my question is: will Paypal refund me? Since he agrees even on Paypal that he hasn't sent anything, and don't think he will even sent it. 

So even if he has no money on the bank account, will I get refunded?

I do not know what to do, should I escalade this to a paypal claim leaving paypal to decide? I am worried that if Paypal will NOT refund me, then I have 0% change to get the items from him.

Thanks

[kernowlass]

If you met the criteria of buyer protection then if the seller can't prove delivery of your item with a tracking order then paypal should find in your favour.

If the seller does not refund then paypal will do so under their buyer protection scheme (as long as you qualified). 

       ****************************************

I give up my time to help you so a thank you or kudos would be cool.

Marking one of my replies as a solution would be appreciated if I sorted your problem.

[SkandTheGreat]

How can I know if I'm qualified or not? 

Thanks

[kernowlass]

Read up on buyer protection in paypals user agreement.