I get the sentiment of the time worked, but if you're going to be selling them to someone else, I'd refund up to, but not including, that 40% non-refundable deposit (I poked around and found your TOS). Unfortunately, at least as far as this post is concerned, if you can't pony up a screenie showing they agreed to it, you're not gonna look good in the eyes of everyone else, so I hope you have learned to be more diligent about only talking commission stuff in email. Unless I'm mistaken, I think that's the only legally binding form of electronic
communication, but I may be wrong. But I knew there was something missing from the original post.