Safeway Grocery Store Did not deliver grocery items and not is refunding credit card Herndon, Virginia

I ordered groceries for delivery from Safeway on 8/15/2010 scheduled for delivery the following day.  When my driver arrived, he brought the groceries into my home and handed me a list of "out-of-stock" items.  I was a bit skeptical as these items were very common and I believed that they were unnecessarily neglected, but I reasoned that at least I hadn't been charged for them and I'd pick them up when I was out the next day.

My driver was in quite a rush.  He pointed to the papers he handed to me and in broken English stated, "You have problem, you contact."  I saw that there was customer service contact information on the sheet.

As I began to scrutinize my order, I noticed that several other items (which were not included on the "out-of-stock" list) were also missing; to the tune of roughly $45.  I had been charged for these items.  I also found completely crushed cereal boxes, severely dented canned items and noticed I had been charged for a large bottle of "Ragu" sauce, but had been sent a small bottle.

Within hours, I contacted the customer service department via E-mail.  Two days later, I received a reply indicating that within 5-7 business days, I'd receive a refund as well as a letter in the mail detailing the credited items.  After 13 business days (17 total days), I had not received either one of these, so I contacted customer service again.  This time, I indicated that if Safeway did not provide me with a solution within 10 days, I'd be taking further action, including filing a police report as I believe I have been stolen from. 

10 days passed, and so did an additional 7 days.  I still have heard nothing.  Safeway has been in possession of $45+ (not including tax) of mine for 1 month and 5 days.  My husband and I are on a limited budget and (as I explained to Safeway) have been having to "go without" these grocery items because we are still waiting for Safeway to release our money.  They had no problem withdrawing the funds immediately, yet they seem to have no interest in returning money that is not rightfully theirs.  In my mind, this is no different from me walking in their store and stealing items from their shelves.  If I were to do such a thing, I'd be apprehended by law enforcement and I believe that Safeway needs to be held just as accountable as its patrons.

At this point, I have filed reports with the Better Business Bureau as well as the local police department.  My next plan of attack is to file a dispute with my credit card.  I hope to find restitution shortly.  If not, I will be suing.  I know it sounds petty, but like I said, you can bet that Safeway wouldn't let a customer leave their store with ANY amount of unpaid merchandise without prosecution.  Why should I let them leave my bank account with any money that is not rightfully theirs?