It's not that clear since we actually paid in BTC.
When I bought assembly, testing and hosting, it was very clear that I was paying an amount in US dollars in the form of BTC. Why are we even bothering to discuss this? I would still like a refund, no matter what form it takes.
We are discussing this because if you payed, in an amount in US dollars in the form of 22.17 BTC, upon failure a couple of seconds later, you are to receive your refund exactly in 22.17 BTC.---
not in 2.34 BTC because the value of BTC changed within those couple of seconds. (It doesn't even matter if it was seconds, hours, days, or even months) The whole point is that you must legally receive, exactly what you traded.
If you trade a shotgun to someone for a laptop, and he is still yet to find, and build this laptop. And he fails to find it, he must return the entire shotgun to you;
not 1/7th of the shotgun because the value of it increased in relation to the laptop.
Please read:
https://bitcointalk.org/index.php?topic=192916.msg3609546#msg3609546