Ebay Pre-order nightmare!

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I ordered some plants which were pre-order to be sent to me in November, unfortunately the seller claims they are not going to send them.
The person phoned me and laughed saying you have lost you £49 because you 30 day guarantee is up and we are keeping your money.
Ebay have literally told me it is true that i should have contacted them in August knowing that in November they would fail to send my items lol and there is nothing they can do apart from suggesting i keep asking the seller.
I just thought some rules would be in place as it was Pre-order, my next step is to ask my card company for a chargeback.
I apologise if this should be in the consumer rights section!
The person phoned me and laughed saying you have lost you £49 because you 30 day guarantee is up and we are keeping your money.
Ebay have literally told me it is true that i should have contacted them in August knowing that in November they would fail to send my items lol and there is nothing they can do apart from suggesting i keep asking the seller.
I just thought some rules would be in place as it was Pre-order, my next step is to ask my card company for a chargeback.
I apologise if this should be in the consumer rights section!
Enjoy everyday like it's your last!
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