Quote from: gushes on August 03, 2014, 02:33:46 PM

Quote from: bumface on August 03, 2014, 01:59:07 PM

Quote from: gushes on August 03, 2014, 01:25:58 PM

I told them I paid in full more than 10 weeks ago, and they've breached their own T&C by not delivery and that I want a full refund. I also stated I'm not a business customer, no matter how they try to squeeze it.
Now that I've paid 100%... they are "not unreasonable" and will "give back 30% of my money" cause they are good, ethical, transparent people. But they get to keep 70% of MY money they did NOTHING to earn. Not gonna happen.

Hello there,

We are very sorry but as per our cancellation policy it has been longer
than 5 months since you placed your order therefore you are no longer
eligible for a refund. Please note we have been very clear and open with
our terms of order, it was released as a news update, it is easily
available on our website and you are urged to view it on the product
page before you order. Such regulations only apply to consumers and you
are a business customer with us. I can assure you that our legal matters
are dealt with by a leading law firm in the UK. Our terms of order are
completely legal in the UK. It was typed up by solicitors who specialize
in this area of law. They have advised us that all our customers will be
legally classed as businesses for many reasons, one being that the
hardware we are selling can only be used for mining cryptocurrencies
which is a business practice according to HMRC. So we assure you we have
done our research on this; we wouldn't be having this discussion if we
were breaking the law.

This is not accurate, our terms specifically state: 'Remainder will need
to be paid 8-10 weeks before shipment' hence we've told you when
shipment will be (September) and you now know when you need to pay.
Having said that as goodwill we are allowing people to wait up until
shipment to pay.

Our terms specifically mention end of Q3 as the latest we hope to ship,
if we announce we will try to ship sooner it is done purely in goodwill
and not something we are contractually obliged to do. The date in our
terms is the only one that is legally binding as that is the agreement
you accepted. Trying to ship sooner and announcing such is a goodwill
gesture on our part and is not legally biding.

Having said all that we are not unreasonable and as a gesture of
goodwill we are willing to refund you your deposit, this will be done
via PayPal, please confirm?

Best Regards,

Alpha Technology Team

that is such bullshit.....

I was asked to pay the remainder of 70% on may 22nd. at that time the september date was absolutely not mentioned.That means the i must have a machine 10 weeks after may 22nd (juli 10th)

why do they insisnt on diggin a deeper and deeper hole for themselves.

pay us our lawfull refund. if they spend 1/100th of the time banning people on researching the UK law, they would know we are right and they are illigally denying a full refund, which i have clearly demonstrated in post 2702

https://bitcointalk.org/index.php?topic=314402.2700

I can not fathom the idea why they would want hundreds of cases against them in court, this will cost so much time and resources that it could be the downfall of the company. That is absolutely unnessacairy becasue they can mine with the hardware of fully refunded customers, and then re sell it.This will ensure the future of the company. A reputation is worth twice as much as a good product. and bad news travels twice as fast as good news.

They should not throw all their hard work away for stubbornness, we have the law on our side and justice will happen for us.I just wish i wasnt forced to do it via the legal routes.I wish to do it as gentlemen and simply recieve my 5450 GBP investment as per my right by the distance selling regulations.

and whatever lawyer told them this was legal should be fired at once.I was one of their defenders, its a shame when even the good people are forced to turn around.

First: There's no chance they have a real lawyer. If they did, they'd redirect every single person to them.
Second: What I don't get is, they outsourced the development, they should still have all their money until said development is complete. If they paid in advance, they should have signed some contract to if unreasonable delays (a month) happen, they get discounted service.
Third: By Sept's "supposed delivery date," which is impossible to meet if they are just now redoing their tapeout, there is a 0% chance of recovering their money, even 'at cost'. They'd still go bankrupt. They know this, which is why they are not giving refunds. They have a worthless product... if they didn't they'd have no problems with refunds... and transparency... and ethics.

If you have to keep repeating how ethical, generous, and transparent you are... you're in denial. Someone that IS ethical, doesn't have to tell the same customer over and over again every time their is any interaction.

In the vast majority of cases people only paid the deposit, a percentage of those (including myself) got refunds early on. The rest would have gone to Dexcel, I wouldn't imagine for one moment they have a lot of cash left.

They would need to rely on the balance payments to finish this process off, and I can't see that happening.