ScooterMoviesShop.com DVD's paid for Nov 2012 not delivered after 10 weeks. No response to my 12 emails. Refund wanted. Internet

i ordered 2 dvd's from scootermoviesshop nov 5th 2012. the payment left my bank of america account on nov 7 and i received an email from scooters saying the dvd's would be sent, adding that they would take one to five weeks. by mid december i'd become concerned, as  these were supposed to be christmas gifts. i've emailed scootermoviesshop twelve times since then, initially asking when i could expect delivery and finally to reqest a refund, but have failed to elicit any response. I no longer require the DVDs from Scootermoviesshop because  i have purchased them elsewhere.
in my account on scooter's site it states that the order is 'pending completion', which according to his 'terms' means awaiting payment. The payment to scootermoviesshop appeared on my bank of america statement dated nov 5th 2012.
The matter is now awaiting resolution through the bank of america.