EBay doesn't send anything, individual sellers do.
If you don't get an item you paid for, why haven't you opened a case for item not received through the Resolution Center?
You need to read eBay's money back guarantee to see how you are protected when problems arise.
Oh, and about suing eBay? When you accepted the User Agreement, you agreed to all of eBay's policies and rules. One of the policies is that you agree not to bring any lawsuits, and to bide by all of their decisions.
Nothing tastes as good as being thin feels.
