There is no 'breach of contract', any business can perfectly legally refuse you service or delivery and choose to refund your money. How do you not understand this? Hell, a gas station can refuse you to buy a pack of gum if they feel like it. Nothing illegal about that unless they refuse you based on race, gender or sexual orientation.
"Refusing" a purchase is very different than accepting payment, failing to deliver the goods, raising the prices, and forcing a refund on a customer. While it may not be literally illegal, it is scammy.
Actually Swede is right, you need to learn a little about business. I think half of this problem is because you niche grass roots people were previously the only peeps running around Bitconia and now business people are coming in. None of this is unfamiliar to anybody who has been involved in business negotiations and processes for any significant amount of time. BFL doesn't scare us, because we know the pattern, we've seen it dozens of times. We even understand how to mitigate it. It happens, it's not unusual and we're comfortable with it. So grab your foil hats people, we're here and we aren't scared of it. We will not bow to your bloated FUD and we're gonna hash like the well funded bitches we are.
Actually, Swede is wrong. In most states, anytime a product is sold, the seller creates what are called "implied warranties" merely by the act of selling. These are usually simple rules like: the product exists, it does what they say it does, it costs how much they say it costs, etc. Swede might live in a jurisdiction that has limited consumer protection, but since BFL is selling to all 50 states they are subject many state laws and federal consumer protection laws. If Newegg or Amazon were to represent to you that they had something in stock when they actually didn't, they would be violating federal laws and numerous state laws. Or if you bought a device they said existed when it actually did not, they would be in even more trouble. For instance: Ebay marketplace has very strict rules about when you can say something is "in stock", if you violate those rules they kick you to the curb. That is not an arbitrary distinction they are making, it is a necessary one.
"Being around business" as you put it is actually quite common for us engineers on these forums.
The gas station has the gas. It probably also has the gum. Selling products that do not yet exist is not the same thing as refusing service in a retail establishment. This is why Kickstarter won't let you order multiple units and classifies your contributions as donations. Otherwise they eaten alive by lawsuits for facilitating the breaking consumer protection laws.