I have bought one of these before for my Nokia phone. Although i doubt their complete legality, they are quite good.
The only thing you can do really is wait and see if they will send you it out. If they don't leave them a neutral or even a neg if they are nasty about it.
By them saying it is 'free' doesn't give eBay anyway to get involved anyway, it's not 'paid for', so they don't have an obligation to send it out.
Keep on at the seller, see what they say. And keep us updated in this thread.
If yours is a nokia i could send you the zip files i have.