Quote from: Flying Hellfish on February 11, 2014, 01:42:56 AM

Quote from: jimmothy on February 11, 2014, 01:41:08 AM

Quote from: Flying Hellfish on February 11, 2014, 01:36:26 AM

Quote from: Syke on February 11, 2014, 01:32:23 AM

Quote from: jimmothy on February 11, 2014, 12:42:28 AM

You mean this contract?

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Delivery Terms9.1 The Products are delivered to the delivery address specified by the Purchaser, unless otherwise agreed. The delivery date is provided for information purposes only and shall not be binding on Us. The Purchaser is not entitled to refuse acceptance of the Products, withdraw, cancel or revoke the order or make claims for compensation due to any delayed delivery. 9.2 Where delivery is delayed due to any of the circumstances constituting force majeure in accordance with "Force Majeure" below or due to any act or omission by the Purchaser, the delivery period shall be extended by such a period as is reasonable in light of the circumstances. The delivery period shall also be extended where the cause of the delay arises after the expiry of the originally agreed delivery period.9.3 If the delivery is prevented due to the Purchasers negligent acts or omissions, the risk for the Products shall pass to the Purchaser on the date when the Products were ready for delivery.

Yup, that's the first half. Here's the other half:

http://www.business.ftc.gov/documents/bus02-business-guide-mail-and-telephone-order-merchandise-rule

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In seeking your customers consent to delay, the first delay notice you provide to the customer (the "delay option" notice) must include:
...
a statement that, if the customer chooses not to wait, the customer can cancel the order and obtain a full and prompt refund;

And yet some people still think that writing a ToS can override a FEDERAL regulatory body... (this is aimed at MS not BA as I don't think BA is a USA corp).

Hint to manufactures the FTC's rules are a little more binding than your ToS.

Fun Facts:

Number of butthurt people who wanted refunds from BFL for 1+ year delays: 10,000

Number of people who took legal action against BFL for the delays and won: 0

Number of those butthurt people who actually lost money (in terms of USD): 0

I'm sorry that proves the bullshit ToS and wrongfully denied refunds how exactly?

It proves that whether or not you think your protected from preorder delays by the the law, in reality you are not.