I NEVER said there were claims about shipment dates for individual products in the sales policy. There are shipment dates for categories of orders, such as pre-ordered items:
SHIPPING AND DELIVERY TIMES
In stock items are usually shipped within 1-2 BUSINESS days after receipt.
Backordered and Pre-Order items are shipped out when they become available.
ORDERS WITH OUT OF STOCK OR PRE-ORDER ITEMS
If your order contains any out of stock, backordered or Pre-order items your order will NOT ship until all ordered items are back in stock. We do not ship out partial orders.
Our online ordering system is setup to bill you at the time of purchase not the time of shipment. That means that as soon as you click the "Submit Order" button your credit card will be billed.
If your order contains backordered or out of stock items you will be billed the full amount before the order ships. If you do not wish to be billed in that way, then please do not place an order with any out of stock or backordered items.
Let's be clear, if CMSF2 were in stock it would be shipping. Pre-ordered items are out of stock items. Additionally, BF begged you not to order if you had a problem with their clearly stated policies. Any adjudicating body will take this into consideration.
Additionally, the purchase page of the product in question includes this at the top of the page, which is in line with their stated Sales Policy:
Combat Mission Shock Force 2 is in the final stages of development, however it is not yet ready for release. At this point in time we are inviting people to preorder one of several CMSF2 options at $5 off normal prices. With the purchase you will receive a license key and download link that will be activated when the game is ready...
You have said the above is marketing, it is clearly not. I can't imagine any adjudicating body ruling otherwise. You are, of course, free to think what you will, but then that goes back to the question of holding one's subjective realty as universal truth...
All of the above goes to the question of the promised shipping date: when it is in stock. BF was clear that the item you pre-ordered is still in development. Again, I can't imagine any adjudicating body siding with you in this instance.
You also bring up the no refund policy. The law you cite applies to orders that haven't met their promised shipping dates as I tried to show you earlier by highlighting the appropriate text in the blurb you posted. Other refunds fall under the jurisdiction of state law as there are no federal laws governing refund policies in general.
Have a wonderful day!
edit: As I have said before, "we are aiming for" is quite clearly not a promise. Such a claim would not withstand the scrutiny of an impartial adjudicator.