Help! Company not shipping product after 30 days!

[Alex]

Having ordered this, though in titanium, from Pixmania, they took payment on the same day as that of the order, Fair enough, I thought.

2 weeks later I was a little annoyed to find that they still haven't shipped it out. This is a bit annoying since I paid for 24hour delivery (at ove £10), and they had taken the money straight away. I decided to phone them to see what was going on. After 30 mins of waiting on hold I had to go out. I decided to hang up, and sent them an e-mail. They sent me an automated response telling me they would reply within 24 hours. They didn't.

About a week and a half later I sent them another e-mail. Same automated response, no actual reply. Now, 31+ days later we still haven't heard anything from them. Had the order confirmation e-mail, but no correspondence since. Nothing at all, even though I have tried a reasonable amount to get hold of them.

This is what their terms and conditions of sale say:

14. Product availability

The order shall be fulfilled within a period of 30 days at the latest, starting from the day following that on which the customer placed the order.
In the event of an ordered product being unavailable, in particular if this is due to our suppliers, the customer shall be informed thereof at the earliest opportunity, and shall have the option of cancelling the order.
The customer shall then have the choice of requesting either a refund of the amount paid within 30 days of payment, at the latest, by email or a different product in its place.

The customer is required to check the condition of the packaging of the goods upon arrival, and to report any damage attributable to the carrier on the delivery note and to PIXMANIA, within a period of one week.

That quote was taken from here.

Now, I am going to phone them again tomorrow (and no doubt wait on hold for hours at national 0870 rate since the Say No To 0870 number doesn't actually get through to them.

Since they are operating blatantly outside the terms and conditions of sale, as stated clearly by themselves on their own website, where do I stand with this? They have breached a contract right? So where does that leave me, and how do I get this resolved? This has been a serious pain in the ass, and I think this is really out of order on their behalf.

P.S. May I reccommend not buying from Pixmania? Given the level of screwing around here, which seems not to be an isolated incident (e.g. here).

I am seriously pissed off right now. Grrr. Argh. etc.

EDIT: Oh yeah, and it is listed on my order status as "in stock: pending shipping". Has been for a while.

[scotty6435]

If you haven't been informed then you'll be able to get a full refund I'm sure if they can't get it in.

[Spud1]

I would try ringing them again, and if unsucessful that way then go to trading standards.

OR

Assuming that you paid with your credit card (and since its a high value item i assume you did?) ring your bank/credit card issuer and talk to them about it - and at the same time send a cancellation email to pixmania. At the very least you should inform your bank/credit card issuer just incase you need them to issue a chargeback..

[shiato storm]

pixmania are a french company. call your card company and get them to cancel it and they'll take up the dispute...
trading standards too.
and have copies of everything, including bank statement, to show their poor service. being so late they should at least compensate for the postage