I'm not posting this on fauna's BOI yet or anything, because I don't really know how the buying/selling of stuff works very well, or when things are legal or not... So I have a few questions.

The situation is I paid for a cage to a guy (who will for now remain unnamed, but let me know if it's okay to name him LOL) on February 7th. It was $325. But a problem is that I'm an idiot and send the money "as a gift/friends" on paypal, because I thought he was trustworthy, since someone else recommended him to me. I'm now 100% sure this is already the point where I'm screwed lol, but have to ask for advice still.

Anyway, he first stated it would take 2 weeks to make and send the cage. In fact, it took him a month and a half (over 3 weeks his original deadline) because of this or that reason, his family is in the hospital, etc etc. he kept pushing the "deadline" forward multiple times.

The cage finally arrives to me on April 3rd, BROKEN... 1. because fedex screwed up and flipped it all around, but 2. mainly the "this side up/fragile" was not written clearly on the package. I didn't even see it at first. So I have to wrap it up, fedex picked it up on the 4th or 5th or something, and it's supposedly on its way back to him. I asked him for a refund on that day, but he said he will "make me a new cage ASAP".

Now he says he's going to wait for the broken cage to arrive for him instead, because he "doesn't want to spend more money on making me a new one ASAP". It's April 23rd and the broken cage hasn't arrived to him yet, and he isn't making me anything.

Now I'm asking him for a refund again, which he refuses to give me, and says he will make me a new cage. I can't escalate a claim because of my sending it as a gift... obviously... But I have no date on when he will receive it, he didn't give me info on the claim he supposedly filed with fedex, and I have no clue when he will actually finish it and send it again.

Assuming I wasn't an idiot and didn't send "as a gift", when is it okay to DEMAND a refund and escalate a claim? Can a seller actually refuse a refund for something like this?

and since I did send "as gift", I assume there's just nothing I can do, right? If there is, please let me know.