Consumer rights online order

[onlyconnect]

I ordered something online from Shekou on 1st Dec and it still hasn't arrived. It was pre-order which I believe they say can take a couple of months although I can't find anything to confirm this.
I want to cancel the order and have a refund but they will only offer a credit note.

I have a little knowledge of the Consumer Rights Act and wonder if the delivery counts as a service which needs to performed in a reasonable time.

Or maybe there's another provision I can use.

Does anyone know of any consumer law that might help me argue for a refund please?

How did you pay? If cc ask to chargeback,

LIZS Debit card I think. I'll check.

I think the issue is that the company says they're sending it. I just have to wait longer is their take on it. But to me it's an unacceptable wait

Here:

FFS the link didn't post. https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/if-something-you-ordered-hasnt-been-delivered/

DevanrMaJardin that's perfect. Thank you

DevantMaJardin and LIZS An update on this....
The company, Shekou, will not give a refund. I think they're in New Zealand.

I will try my bank but actually I'm more keen to make the point yo them than I am to get my money back.
This is what they've said to me:

"Usually when you buy a product or service, the sale is final unless the item breaches a guarantee under the Consumer Guarantees Act. The retailer doesn't have to give you a refund or exchange if:
• you change your mind
• your circumstances change
• you find cheaper products elsewhere."

If they're trading in the UK do they have comply with UK consumer law?

Yes, they do. Point out to them that, as they have sold to you in the UK, the Consumer Guarantees Act is irrelevant. The applicable legislation is the UK's Consumer Rights Act and the Consumer Contracts Regulations. However, the fact they are in New Zealand will make it harder for you to enforce your rights against them.

If the goods cost over £100 and you paid by credit card, you may have more joy by taking it up with the bank that supplied your credit card. They are jointly liable with Shekou, so you should be able to get your money back from them.

Does it make a difference if it's a preorder though? Did the website indicate the on sale date for that item? It's possible to preorder things months in advance of when they're actually available to send.

Pre-ordering doesn't give the seller the right to hang on to your money and delay delivery indefinitely. In this case, the seller's website states that pre-ordered items will be shipped 6-12 weeks after the order is placed, i.e. by 23rd February. OP accepted that when placing the order, so that was the agreed delivery date. The seller has failed to meet that. OP can therefore tell the trader that they are in breach of the Consumer Rights Act and give them a further 30 days to deliver, telling them that "time is essential". If they still fail to deliver, OP is entitled to a full refund.

Thank you everyone. I'm using this but they're pretty stubborn

They've agreed a refund after I quoted the advice given here! Thank you very much! Now I just have to brave-it yo tell my daughter she's not getting her stuff!