I've just been having a dig around online, and it seems that Tom may be able to get a refund...

Interesting link here explaining:
http://reviews.ebay.co.uk/Do-sellers-have-to-refund-if-an-item-is-lost-or-damaged_W0QQugidZ10000000013631937

A snippet:

"Just because you put "I can not be held responsible" doesn't make it so at all and if paid for with paypal and it doesn't arrive or arrives damaged the buyer is within every right to put in a paypal claim against you and claim their money back from your account."

"If an item does become lost the buyer should be refunded immediately and the seller should start a claim with the courier / post office. The seller arranged the delivery so the contract with the courier / post office is with the seller. So many sellers seem to think that once its left their hands its no longer their responsibility!"

Tom - let us know how you get on.

Good luck,
Stewart