Shall I keep both of the item and the refund?

I have bought an item since September 21st. The seller didn't provide me with any tracking number and marked the arrival date by October 23rd. I haven't got the item yet. It's already a week overdue so I've just asked for a refund. If I receive the item later, im going to request an invoice from the seller and pay him back. I just want the item more than the money.

Question is, is it in the buyer's favor and among eBay 's TOS to keep both of the refund and the item once it's…

Shall I keep both of the item and the refund?