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.