if you used a credit card, call the credit card company and tell them it is fraudulent/failed to deliver for services/products paid - very legit.
if you paid cash, time to file small claims suit. There is a statute of limitations. File now and if he does pay you back or deliver, you can always go back to small claims and cancel the case. FILE NOW!!! Find a delivery service and they will serve him with the suit. Contact State Board of Equalization to get all the business info to file the suit; you will need this info. I am sure NYX will not give you the info and if they do, there is a chance it will be bogus info. FILE NOW!!! Maybe the suit will motivate him to deliver or pay you back.