Smokes-Spirits.com Cashed my check and returned nothing going on 3 months. Internet, New York

On July 8th 2010 I submitted an order for 6 cartons of cigarettes to smokes-spirits.com The total cost for these was $189.89 and they also required a copy of my photo I.D. which I furnished along with my bank check for that amount. After 4 weeks of no response I checked my bank statement and found they did indeed cash it. My E-mail inquiry was answered to the effect of congress passing the "Pact Act" and they could not ship till that was resolved but no mention of refunding my money. It was a good price so I decided to wait. In mid August they sent me an e-mail stating "we are back" and will be shipping your order soon. When that did not happen in the next 2 weeks I started e-mailing and also calling their customer service to try and get some answers. All I got was stalling replies such as "we are getting a new supplier" or our web site is down or we are having technical difficulties. I submitted a formal complaint to the BBB in New York state and that is in the 30 day waiting for a company response right now. I am totally feeling ripped off because not only am I out this money but there has been no real positive communication from them on the situation. They respond only to my inquiries with excuses and nothing of substance. I hope you will either get them to ship my order or refund my money. This looks to me as outright thievery.