Bee: Simulator is a massive scam

So, three weeks ago my friends and I all pre-ordering Bee: Sim and the Xbox store said it was available on the 12th of November. We try to play the game that day and it loads one black screen with language selection, there is clearly no working capabilities
to the game as they haven't even put in the ability to move with the dpad or sticks through the selections, now at this point I immediately request a refund and find that they try to not allow me such a refund because I pre-ordered and "are out of time", but
the fact that I can still request a return shows me that, that is completely false even if the fact it was pre-ordered changes that. I am just so pissed that the company is downright stealing my money while another company helps them just rob their customers,
WHETHER OR NOT THE GAME WORKS I DON'T [mod removed] CARE, I've got bills to pay, I've got car payments, insurance payments, gas to buy, college classes to pay for, and they want to keep my $40 for giving me [mod removed] nothing. Ummm... what?

EDIT: this is my random google email account, actually xbox account is something like CncntrtionChamp and it's just supposed to be a friendly joke.

:)