Item missing due to damaged packaging - how can both seller and buyer be protected

[ecj_edw]

A buyer received a package (via Evri) with the package damaged and the items missing. I'm pretty sure this is just packaging damaged in transit.

I've never dealt with a refund before, and asked the buyer to raise a refund request, thinking both of us could be protected. But ebay ruled "in my favour" and would not issue a refund, presumably simply on the grounds the package - as in the packaging - was delivered.

This is unfair on the buyer. Is there a way to refund them while I remain protected, since it's surely a courier issue? I don't seem to be able to raise with Evri directly, as it's systems seem to be set up from the buyer's point of view rather than seller, unless I'm missing the right portal.

[tressygirl]

From what you have said,  this is not eBay's fault, but the buyer's,  as it seems they have mistakenly opened the wrong case.

They must have opened a case for item not received, but eBay's tracking entered the second you buy the Simple Delivery label shows an item has been delivered,  albeit just packaging. 

The buyer needed to open a case for item damaged in transit,  then the buyer would have received a refund paid for by eBay,  and you as now, would have kept that payment for the item.

This is the only time though,  that a buyer can open another case, ask them to open one now, for item damaged in transit.

@ecj_edw