Quote from: Zanatos666 on July 03, 2013, 09:59:02 PM

Quote from: k9quaint on July 03, 2013, 09:54:03 PM

Quote from: suryc on July 03, 2013, 09:51:23 PM

Quote from: Zanatos666 on July 03, 2013, 09:43:16 PM

Quote from: Mota on July 03, 2013, 09:33:10 PM

All sales are final is in itself illegal. As long as they can't deliver the item on the day you want your refund they have to give you the refund. That is common business pratice and even law in some countries...

Any good lawyer or judge will tell you its all in the wording, and BFL uses it well. And I quote " Bitforce SC (ASIC) products are shipped according to placement in the order queue, and delivery may take 2 months or more after order. All sales are final."

The statement of "2 months or more" makes denying you a refund legal. The only way it becomes illegal is if they never deliver the product....ever. If they discontinue the item and say that it will never ship, THEN you are legally owed a refund. But, when you paid for your item, they essentially told you it would take at least 2 months. They never promised before a certain time frame.

Some people have been able to successfully get refunds, and that is totally at the companies discretion. Its no different that buying a product with a warranty, and then that product breaking after that warranty has expired. They company promised that under normal use, their product will last ATLEAST that long. Anything beyond that, they do not have to fix/repair, but if they choose to do it then thats their own discretion. Same also applies to returns and countless other policies in place everyday.

You are completely incorrect in your understanding of the legal precedent around this issue.
U.S. Consumer Protection Laws are very clear. If they have not actually shipped the merchandise, they cannot deny your request for a refund, regardless of what terms and conditions they have in some arbitrary corner of their website.

^^This
It is amazing to me how the BFL fanbois will excuse almost any behavior by the company, up to and including refusing their customers refunds.

Fanboy I am not. Yes, I have a Jalapeno, but I also ordered mine in July 2012. So, someone who ordered 2 months ago who is upset about not getting a refund, I say to them, what do you say to the person who has waited almost a year to get their unit?

I refer you to my post below and the FTC laws governing All Sales Finals and the legality of them offering refunds. Like it or not, they are within their legal right to deny a refund, just like you are within your legal right to ask for, and put in a claim for one.

https://bitcointalk.org/index.php?topic=249125.msg2648214#msg2648214

What you posted deals with when the seller must make information available, not when they must refund their customers.

The rules that govern when a seller must refund are here:
http://business.ftc.gov/documents/bus02-business-guide-mail-and-telephone-order-merchandise-rule
Specifically after you missed your shipping date or 30 day window:

When You Must Cancel an Order
You must cancel an order and provide a prompt refund when:
the customer exercises any option to cancel before you ship the merchandise

In any case, people who want refunds from BFL can go to the FTC. People who don't believe that the FTC will help with refunds can sit on their thumbs.