To me non-refundable means for THAT litter at THAT time. If the breederr is the one responsible for no pup (as in failed breeding), then it is the breeder's responsibility to give it back. If the litter was born and then YOU backed out, that wouldn't be refundable. But that's not what happened here. I'd keep pushing for the deposit back and go to small claims court if it comes down to it.