Theft or a ****?

They accept your payment and confirm your order (29 November 2022), promising a max 10 day delivery period. When you follow up weeks later they let you know that they don't have stock and they will refund you by 30 December 2022. More than a month after the expected refund date, you still receive no refund and send numerous follow ups by email with no actual answer and no refund made to you (02 February 2023). They advise that they suddenly have a backlog of refunds to make - how many refunds are they making? Shocking! Seems I'm not the only person they have failed to deliver to and to refund. Perhaps I'll never receive a refund? So is this considered to be theft, or a ****?