Online retailer refuses contact, won't ship my order

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Imasock

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I purchased some items from a website back on April 1st, and two of the items were pre-orders for securing items to be released in the near future. One pre-order was to become available for shipping out in May, and the other was to ship out on June 1st. My order was processed and I paid for the items immediately upon purchase, a total of $129.28. June 1st arrives and I wait for notification of my items to be shipped. June 5th comes and my items are still not shipped (they were promised to ship 2-3 business days after becoming available, at the very latest), and the order still says processing. June 10th comes and it's still the same, so I begin to take note of things. On June 18th I send the company's sales department an e-mail asking why my order hasn't shipped, since all the items are listed as available for purchase on their website. I got no response.

I send a second e-mail to the sales department on July 1st, no response. I sent a third e-mail, this time to their shipping on July 10th, and got no response. Tired of being ignored, I sent a 4th through their Amazon marketplace address on July 14th, since I saw the owner was responding to feedback on the marketplace regularly, and yet again I got no response. I tried filing a claim with Paypal, they accepted the dispute notification but said they could not claim anything since it was beyond 45 days after my purchase date. I called my bank to see if they could do a chargeback, but apparently they only allow 60 days timeframe to do this, and it was 60 days exactly from April 1st to June 1st, the day the items were supposed to ship. I couldn't do a chargeback back then because I didn't know the items were not going to be shipped. On July 17th, I filed complaints with the Better Business Bureau, the Internet Crime Complaint Center, and the National Fraud Information Center, per the instructions of a Paypal representative. None of these organizations have received a response of any sort from the company I ordered from.

August 6th, after further investigation, I found a phone number for the manager of the company/website. I called him, but nobody picked up, so I left a voicemail telling him to call me back as soon as possible so this situation can get resolved. Nobody responded, so I called again today, August 10th, and once again, nobody picked up. I did not leave a voicemail this time, but instead, decided to look into small claims court. A total of over four months have passed since I ordered my items and I've received no notification of any problem with my order, any word from the company about my letters of inquiry, and no response from any of the phone calls I've made.

Is small claims a worthwhile pursuit at this point or are there any further avenues I can pursue? I'd rather not have to resort to legal matters because it would probably cost a good chunk of money to get everything squared away and would probably not be worth it in the end. The company's registered address is about 45 minutes away from my place of residence, would paying them a visit with all of my applicable documents do me any good or would I need to contact law enforcement?

Thank you for your time,
Jonathan
 
I would defiantly go to the place of business first; it may not even exist -- besides when you small claim them you will have to have them served. So go down there and see what is going on before you file small claims
 
I visited their location today and found that the suite listed was up for rent. I asked a few of the other store owners how long it had been vacant, and they said it has been that way for a year or so.

I can't find a legal address for the owner to serve them a notice, what should I do now?
 
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