Seller won't ship iphone until 24th?

Hey ebay folks, i got a problem. My friend ordered a iphone for her dad because her dads phone broke. But the seller had this little saying on the ebay info for the iphone saying he won't ship it until the new iphone4 comes out which is around the 24th. Is this right? I didn't even read the little italic sentence saying that, neither did she. What can i do? Her dad is in need of a phone.|||Oh and she won the bid about a day or two ago. It was our fault we didn't catch the italic words stating it won't be shipped until the new iphone comes out but could he even post a auction if he wasn't going to ship it?|||Yes, they can list items for pre-sale. The iphone 4 doesn't come out until the 24th.'You call some place paradise - kiss it goodbye' - Eagles, The Last Resort|||Is my friend allowed to get a refund on that without any trouble? thank you for replying|||No. They are not "allowed" since they agreed to the sellers terms when they placed the bid. They can ask the seller to cancel the transaction but they are not obligated too.|||Thay can ask for one, and if they get one, make sure your friend accepts the cancellation that the seller will send, as the seller was charged a listing fee and a final value fee. The seller will get the final value fees back, but not the listing fee.'You call some place paradise - kiss it goodbye' - Eagles, The Last Resort||||||||||||so we can't do anything about it? Even paid for shipping when most others are free shipping -.- 230$ in total. What if this guy drops the phone or something during these 2 weeks..|||I'm a little curious about how much feedback this seller has. I'm thinking chances are, they don't have enough for Paypal to automatically hand the $$ over to them. Sellers put terms in their auctions all the time that are not simply not enforceable. I'm not so sure that this isn't one of those. I don't do any selling, so please someone correct me if I'm wrong...for seller protection don't they need to ship within 7 days? However, I would give it 2 1/2 weeks before doing anything. If you don't have it by then, file an INR. If your friend was looking at this for Father's Day, there is nothing you can file that will fix this in time for that.|||Actually, there should be - they didn't buy the iphone 4, they bought the 3 the the seller currently has in his hands.'You call some place paradise - kiss it goodbye' - Eagles, The Last Resort|||If you bought the iphone 3 described and shown (photo) in the listing, then the seller needs to ship within 7 days of payment according to Paypal policy, if they want to be covered for Seller Protection. IF this was NOT for the Iphone4 (not released ) until the 24th Pre sale , then the seller needs to ship upon receipt of payment. Link I would pull the seller's contact info and discuss with the seller. Link If this is a low or no feedback seller, Paypal will hold the buyer's payment 21 days until the seller either proves delivery to the buyer with Signature Confirmation (over $250 value) OR the buyer leaves positive feedback (don't unless item received in good order) OR the 21 days has expired. It almost sounds , like the seller is trying to bypass the Paypal 21 day hold ? Call the seller , discuss and then come back and let us know what the seller said verbatim.|||What is the auction number? If we can look at the auction we can see what may be going on.|||PRESALE policy Link "Presale listings policy In this article Policy overview Some examples Additional information Why does eBay have this policy? Policy overview Presale listings generally consist of items that are sold before they're available to the public, such as video games, tickets, and custom-made items. (For the rules on magazine subscriptions and certain promotional items and events, see Additional information.) Often the items aren't in the seller's control or possession when they're listed. If you want to sell presale items, be sure to meet all of the following criteria: Guarantee that the item will be available for shipping within 30 days from the purchase date. Be sure to clearly state this information in your listing. Clearly indicate in the listing that the item is a presale item. The handling time specified in your listing should reflect the time from the end of the listing until the item is shipped to the buyer—not the time the item is in your possession. Be sure to specify the correct handling time in your listing. In the listing form, you need to use the default font size of 3 so people can easily see these sale terms. Make sure your listing follows these guidelines. If it doesn't, it may be removed, and you may be subject to a range of other actions, including limits of your buying and selling privileges and suspension of your account. Some examples Alice sells video games. She will receive a shipment of a new, very desirable video game from the publisher within 39 days. She starts a 10-day auction on eBay. Her listing clearly states that these games are offered as presale items, and that she will ship them to buyers within 30 days from the date the listing ends. Alice's handling time states 20 business days, since that is the time from the end of the listing to when the item is shipped. Alice's listing complies with this policy. Albert, Alice's competitor, also sells video games. He will also receive his shipment from the publisher within 39 days. Albert starts an auction that's almost identical to Alice's, except he chooses a 5-day format. Albert is violating this policy because he won't be able to ship the item within 30 days from the date the listing ends. Additional information Buyer protection programs If you bought a presale item that you didn't receive, you have 45 days from the date the listing ended to open a case on eBay. Find out more about eBay's buyer protection programs. Magazine subscriptions Magazine subscriptions (which are considered presale items) aren't allowed to be sold on eBay because the first issue generally can't be delivered within 30 days of the purchase date due to the publisher's processing time. Promotional items and events For promotional items and events, eBay, at its discretion, may approve a manufacturer like the game publisher mentioned in the examples above to sell items outside of the 30-day presale guidelines—as long as the manufacturer supplies the items. These exceptions will be made only for certain promotions and must be approved by eBay before listing the items. Why does eBay have this policy? The presale listing guidelines are designed to allow members to buy and sell items that aren't available yet and to protect members from a potentially bad transaction. Was this page helpful? YesNo How can we improve this page? (optional)700 characters left Contact Customer Support You can contact Customer Support to report a listing you think violates this policy. Go to that listing, and then click the Report item "