buy.com I bought an item from buy.com web site on black Friday date. I payed 57$. I have not received the item yet. I called buy.com today and talked to the supervisor of the claim. She told me they do not h scam, selling the item that they do not ship because they do not have, Internet

I bought an item from  buy.com web site on black Friday day. I payed 57$. I have not received the item yet. I called buy.com today and talked to the supervisor of the claim. She told me they do not have item and the only thing they can do is to refund my money. So I have to reorder th item. The price of of the item is about 160$ now.  So I told them I do not want refund and they should send me the item that I already paid for. Since buy.com is not going to send me order I want to pursue this case legally. I think buy.com should not put scam on its web site and sell the item that they do not have. If I would not buy this item from buy.com i could have buy it from other recourse on black Friday day. But now after waiting this long I have pay three times the price that I bought the item.