That depends who you think is in the right. In return for money, a merchant guaranteed a specific delivery date. I paid my money, they failed to to deliver. I contacted them and told them they needed to pick a new shipper. I ordered again. Again I paid money and they guaranteed a delivery date. Again they failed to deliver. Again I contacted them saying they needed to pick a new shipper. Each time they fail to live up to their side of the agreement, they pay me a token amount in restitution. All they have to do is pick a shipper that will actually deliver (or cancel my subscription, which wouldn't pain me in any way) and the cycle will be over.

Who's in the right?