Crystal
First, let me preface by saying I 100% agree that they sent you a poor specimen and you are 100% entitled to exercise your guarantee.
That said...this is probably the best example I have ever seen of making sure that you read and understand the TOS prior to buying.
They are lowlifes. No argument there. The TOS are completely slanted in their favor. However, you placed an order and you are bound by them.
Based on their TOS the following excerpts apply to your situation:
We cannot be held responsible for shipping charges incurred for upholding our guarantee. They are the responsibility of you, the buyer.
and
We will replace any animals but we DO NOT OFFER REFUNDS OR CHARGEBACKS.
Unfair? Most certainly. But those are the terms you are operating under. You are entitled to a replacement...that's it. You do not have any legal right to demand a particular shipper or to demand photos of the animal eating. If you refuse the shipment, they will then have honored their guarantee and you will really be SOL. They can also force you to pay to ship the replacement should they so choose.
It always amazes me when buyers try to change points of a contract post transaction. And please bear in mind that a posted TOS does constitute a contract.
Your threats of legal action are baseless as well. Again, under the contract your agreed to your measure of damages is a replacement....period. If they refuse to provide one then you possibly have a small claims case. But your damages would be the purchase price of the animal...nothing more
None of this means that i do not sympathize with your situation. You got a crappy animal and that definitely sucks. I hope your resolution to this situation goes well. I am simply tired of seeing people fail, to do their research, fail to really read TOS and then think they can make demands after the fact over and above TOS.
Take the replacement. If it is not healthy, their TOS requires them to replace that too. However, you have no legal right to change the terms you are operating under.
I am reasonably sure this post will not be popular but this needed to be pointed out.