Sellers can list pre-sale items as long as they guarantee they will be posted within 40 days of purchase. If you bought the CD on 15th August, then the seller was already breaking Ebay rules because the release date was outside of the 40 days.
To successfully claim when you don't receive an item, you have to open a case within 30 days of the latest estimated delivery date. It seems that quite often the estimated delivery date is totally unrealistic and the buyer will not be able to open and win a case through Ebay.
Sellers can use pre-sale items to scam unwary buyers.
If you ever buy a pre-sale item again:
Make sure the seller is an established seller with a record of good feedback and is trading legally from a business account.
Make sure the seller will be able to send the item within 40 days.
When you pay, check the email from Ebay. The estimated delivery date should be 40 days or slightly more after you pay. If it is a few days after you pay, claim for non-delivery within 30 days of the latest estimated delivery date.
"There are two ways to be fooled. One is to believe what isn't true; the other is to refuse to believe what is true.”
Søren Kierkegaard, Danish philosopher (1813 - 1855)