Ebay seller has not sent me my item

[YoungandLost]

What is the name of your state? AL

Back in June I ordered a wedding dress for my sept. 2 wedding. The listing said it would take 6-8 weeks to do. Here is the link:

http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&ssPageName=ADME:B:EOIBSAA:US:11&Item=104751115984

I emailed the seller before buying to make sure that it would be ready in time, she assured me that it would be and that I would get it in mid-August. I still have not recieved the dress, and when I emailed the seller asking her about it she just says she will email me before she mails it. She knows this is for my wedding and she knows the date of my wedding. If I don't get the dress, my wedding will be ruined. Can I sue her for not only the $762 I paid for the dress but for ruining my wedding?

 

[shortbus]

You can recover the price of the dress. You cannot recover for "ruining" your wedding. The seller has breached the contract, but that means you now have a duty to "mitigate" (reasonably minimize) your damages. Meaning, you should go out and get a different wedding dress. The seller will not be responsible for damage caused by your failure to mitigate.