I have had alot of issues with items not being in stock. I wouldn't even bother using the site to hunt for items anymore. I found its alot easier to just call and ask them if they have an item in stock and how much. They are good on shipping times but don't expect any tracking info.
You paid for it. So he either ships it or refunds you. If it arrives damaged you can file fore a return (on his dime) as not as described and send it back.
Pretty much dead on. I played this on nes and amiga and it was terrible. These games suck so bad that when the original developers tried to do a kickstarter, it was a huge failure. I think they only got to like 15% of the goal.