Payed for my order and pupplier doesn't have stock

Purchased a order with the seller TopAwholesale and get a message a while latter that they don't have stock. Then the seller sends a notification that the items are suddenly shipped , so i asked the seller if the item has now been shipped. The response from the seller it that, no the items have not been shipped but that the seller was forced by Aliexpress to mark the item as shipped. So I demanded that I receive a refund and the seller said they can not do that until I open a dispute on Aliexpress. But unfortunately Aliexpress only allows you to dispute a order after 10 days of shipping. So conveniently my funds are lying with either the seller or Aliexpress for their benefit. Refunds can also take 15-25dys so no we looking at at least 25days plus for our money to be refunded. Highly frustrating and disappointing to use this service. With Aliexpress and its sellers it is the customer and buyers that lose and get the short end of the stick. It is also a nightmare to contact Aliexpress because it is so robot controlled and it is constant questions all the time.