While I do agree with you that the OP should have given the seller more than 42 minutes to respond prior to posting a Bad Guy thread. For me it's more a a general rule to follow since not everyone checks their email with the same frequency. I might go a day or two sometimes without checking my email while others might be very diligent about checking their email throughout the day. I most certainly would have done things different but that really doesn't matter as it's not my thread and not my money that is at stake. But 42 minutes does seem like an unrealistic amount of time to expect a response from the seller which also included an immediate refund. There are quite a few threads on here in which someone had jumped the gun and labeled someone as a "Bad Guy".
Anyhow, with that said I still believe in this case that the OP did have enough cause for posting this thread just on shipping methods alone. As well as the other ads the seller posted with photos of the same animal that the OP had already purchased labeling it as two different morphs. I'm sure seeing this was the push the OP needed to believe the misrepresentation wasn't a mere mix up or oversight.
While this situation could have easily gone the other way with an apology from the seller as well as a remedy the OP was happy with, it did not. The seller did respond and basically said the OP was

out of luck, as seen in the quote below. The sellers response really shows his character and that he knew what he was doing regarding the misrepresentation IMO. Instead of figuring out a resolution he states he already contacted PayPal and he won't be held responsible due to it being a live animal. To me this is not the course of action a concerned seller would take. It's more like someone who already knew PayPal's live animal policy and knowingly misrepresented the animal as he wouldn't be held accountable for a refund if a dispute was issued. You also got to love the seller's statement about never promising anything about genetics or a refund, a real class act!! I don't know about anyone else but when you label an animal you're selling as a certain morph that is a promise of the genetics.
Whether the OP waited 42 minutes or 42 hours to post this thread I don't believe it would have made a difference.
To the OP, I hope you find some resolution to this mess, and sorry this happened to you!!