The only reasonable interpretation is that the "refund in BTC" clause always meant "USD purchase price equivalent in BTC." Ask any attorney with even a vague notion of contract law.
You have a very active imagination. Let's look at the actual wording.
The answer is if you buy Baby Jet for 51 BitCoins today and it does not ship, you will be refunded the 51 BitCoins you paid.
There is
no way you can construe that to mean USD-equivalent. None. That is 100% clear. Full BTC refund.