Hello Bryan,
<< I recently had to ask for refund on a few items from china that did not arrive after 40 days and e bay sent me a notice that they found a pattern of this with my account ? >>
Well, if you have sought a refund for a few items then yes, it would seem there is a pattern. When you order cheap items from China they can take a long time to arrive, -- a lot longer than 40 days.
There is no "40 days or its free" policy on ebay. This is not ordering pizza.
Ebay's Resolution Center timeline policy can be too short for items such as those from China which come by a slow boat. It is really designed by and for Americans within America. Even so, you still have 30 days after the last estimated date of delivery in which to get a claim underway.
http://pages.ebay.ca/help/buy/item-not-received.html#timeframes
If the ebay claim time has passed, no need to worry. Paypal offers 180 days (nearly 6 months) in which to file a claim. See Section 13.5 of the following:
https://www.paypal.com/us/webapps/mpp/ua/useragreement-full#13
So there really is no excuse for filing early, and when you do it too many times you get an asterisk beside your name. Keep it up and you will find your account suspended.
Sometimes an item does not arrive but that is pretty rare. Long delays, however, are common. The last item I bought from China took 51 days to get here. The last item I bought from the UK which came Surface Mail took 63 days to show up.
If I filed for a refund every time an item was slow to arrive I'd have had my buying privileges revoked a looong time ago.
I would agree that it is a wise idea to not buy from China, at least don't spend any more than you are willing to lose, certainly not now that you have a notation on your account.
But there is no need to allow anyone to "take you" for the purchase price, not when you have 6 months to file with paypal.
In future, be willing to wait for things to show up, -- and if you are not willing to wait, buy closer to home.
When doing a Search, from the left side of the page under Item Location choose Canada Only. Those should arrive fairly quickly with no border to cross. Or else try North America.
Mail order can be slow, so have patience when buying online.