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It's not about how long it takes for him to ship it, it's the fact that the guy doesn't even have the item he is selling.

He is not selling preorders, he is selling an item. An item he doesn't have
 
I'd consider you the "big jerk head" for bidding on an auction that clearly stated up to 30 days to ship, then trying to get the seller in trouble for sticking to those terms.

You sound like the jerks whining about high shipping & handling charges that were also clearly stated.

If you don't like the terms of an auction, don't bid on it.

He is not selling preorders, he is selling an item. An item he doesn't have
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If he is unable to ship the item on time then you have a point, otherwise not much of one.
 
I'm not trying to get the seller in trouble. All I want is to get my girlfriend her present. I just want my money back, and nothing more.
 
I don't think you can do anything about it. If you place a bid, then that means you agree to the terms specified in the auction. You just have to wait it out. If you try to ask for your money back when the terms are clearly laid out in the item description, you are breaching the contract.
 
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