Quote from: Lancelot19 on July 25, 2014, 05:48:19 PM

Quote from: DebitMe on July 25, 2014, 05:20:54 PM

Quote from: Lancelot19 on July 25, 2014, 04:50:53 PM

Quote from: thejaxx on July 25, 2014, 06:39:23 AM

The conversation that was posted about 8 pages back between Dan at MS was my email chain.

I have since refused the shipment and it was sent back to them.

If anyone has requested a refund from Minersource and has not received it, please send me a message.

If your order ships, do not accept it, if you accept it you will make it quite a bit harder to get your refund.

Interesting return path. It shipped out from Commerce City, Co. The tracking return the package to Rolla, MO. Which JUST happens to be where Bob and Dan seem to live.

I will be careful though and refer to the your counsel on this matter. I am also a customer and with their terms of service it makes it a little ambiguous what happens when you decline shipment. This is the part that worries me:
"Preorders

The Purchaser understands and agrees that we will use his payment in order to purchase the necessary materials or pay workmanship required to fulfill his pre-order which will be non-refundable if cancelled. For this reason, the purchaser hereby gives us the right and agrees with our decision to decline any requests from him or third parties to cancel his pre-order."

If anyone can provide me with some clarity I will really appreciate it.

to start, a companies ToS means absolutely nothing. They can write whatever they want in it, but if they violate the government laws, they may have as well written them in the sand on a beach, because they are worthless. Now BA has decided to business in the U.S., the U.K., as well as a slew of other companies whose laws protect the consumer from unfair business practices such as this. In the U.S. for example, you are allowed to request a refund even after the product is delivered for some period of time (someone can correct me on the exact length of days here as I am unsure off the top of my head) no questions asked.

Now, if a refund request was submitted prior to shipping, it is on the companies responsibility to oblige the request, and shipping the product blatantly ignores that. Any judge will easily award the customer the lawsuit and make the seller refund for the product. He should just make sure he has copies of all emails sent to and from BA, as well as copies of when his shipping notice was received and the tracking info. Now being in China, that complicates things, and a rejected package will probably have a very hard time getting retribution even though the law is very clear. This is because it can get messy when going international. But the fact remains, that he has the right to request a refund at any point, regardless of what any ToS say on BA's.

Also, it can be proven that BA very clearly violated their own ToS many times. The one I am referring to is when they said they needed to cash out the order money to pay for production. There are many people who have tracked their bitcoins and they are still sitting in the same address that they were sent to, obviously not cashed out by BA. Just another instance where the scum of the earth company has lied about what they are doing.

Thanks for the response. My only issue is that these items weren't marketed as commercial products, rather built to order. This changes which laws apply. If it is actually a built to order product, it would be as if you pay a construction company to build a house, and then once its done, decline payment. If those same rules apply then maybe they aren't required to do refunds. Did anyone hire counsel regarding this matter for clarification? Many people are saying many things and I'm not sure if they did their homework. I have already reported to BBB and FTC, and declined shipment. Unfortunately, I can't afford a lawyer for such a small amount of money, but someone I know with experience says it will be tough because they offered compensation and the units are performing above spec, so the TOS might apply. They then recommended I accept shipment and compensation. I regret ever ordering from BA.

these are not custom, built to order products. this is a mass produced product.

I would not listen to anyone that doesn't know exactly what they are talking about, and that includes me, just to be clear. My posts are opinions based on what I've dug up while trying to get my own money back and nothing more.

as others have said, if their TOS conflict with the law it is meaningless. end of story. they can tell you this or that or run you around the mulberry bush, but it's nothing but smoke.

Aside from all that, which really is the end of the debate, what I have seen in terms of this issue of compensation is that if they offer compensation for a delay it is up to the consumer to decide whether or not it is suitable compensation in terms of the compensation offered and the new delivery date. They can elect to accept what are then effectively new terms for the deal or not.

Just making an offer of compensation is not enough to bind the consumer. If it were, they could offer you a penny and it would be enough to keep you stuck in the deal, if you see what I'm saying.

I think it is likely that literally every single customer of this company is sorry they ordered from BA, including the resellers at this point. Every single one of us has lost a money on this horror-show.