SmartBomb.com Brant Shapiro, president of MBS Nutrition Inc. Sold and did not deliver a product to me. No refund Yet. Internet

First I Wrote Smartbomb this:

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Hello. I ordered this item nearly a month ago and "Order Delayed due to Out of Stock Item(s) - Est. Ship Date 05/06/11" has been displayed. The ship date has changed twice now. I called Oshadi and they have not been out of stock for that item. Can you give me a good ship date? or should I cancell my order and re-order from Oshadi. Thanks for your help.

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Then I got this from SB:

We had an ETA of 4-29-2011 and the supplier has yet to update their expected shipping date.

It may be another 5-10 business days before the warehouse receives this item.

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Decided I would forward the above to Oshadi the manufacturer of the product. I received this from Oshadi reagrding Smartbomb:

Thank you for writing to us about your experience with Smartbomb.com Unfortunately about 5-6 months ago they stopped paying their bills. We had to write off the entire amount they owed us at the time and turned them over for collection. As a result, we are no longer shipping anything to them because they do not pay their bills. We made numerous contacts with them without successfully getting paid. They are not going to be able to ship to you. As I understand it, under the law, they are not entitled to take your money unless they can ship within a certain number of days, without getting your permission to delay it for a period of time, and would be required to refund your money if they cannot ship. If you paid by credit card you can certainly file a complaint with your credit card company and they will work out the refund for you. I am sorry that you have had this bad experience, but as you must no doubt be able to guess, we have no control over our customer in this case. I am very hopeful that you should be able to get your money back without mishap particularly if you paid by credit card.

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So far no response to my request to cancel the freaking order.