Legal Question in Consumer Law in Kansas

Last December, I was supposed to buy a puppy from a breeder in Kansas, and I send the payment by wire transfer to his account, full amount $2,400 including deposit and air transportation. However, a week before the puppy was supposed to come to my home, his vet found out that the puppy had a serious heart murmur. He offered me to choose replacement puppy, but I did not want any other puppy, therefore he agreed to refund the money.

After several weeks, he sent me an e-mail and it said that he did not have enough money at that time, so he would return the money after he make money by selling other puppies.

After two months, I send him an e-mail and told him that we might need a third party between us, and asked him to show us the refund plan. He replied and sorry for the delay, and still had puppies to sell so when he did, he would send something.

After three months, I send him an e-mail and ask him to refund the money by April, because I think he has already made money by selling other puppies. Now, he replied me with anger and refuses to refund the money, because he said I threatened him by indicating the third party's involvement. He requires me to choose a replacement puppy instead of refund the money.

Followings are the abstract of contract, which I have never signed.

In that very rare and highly unlikely case I will notify you and you may choose the next available puppy or you can choose that I refund the deposit.

The buyer agrees that they will accept a replacement puppy; and understands and agrees that no monetary refunds will be given under any circumstances.

Since he once agreed to refund the money, my situation has been changed and I can not have a replacement puppy. So, please give me an advice what to do to get the refund.

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