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Showing 5 of 5 results by itsmelondo
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Topic
Board Service Discussion
Re: BlackArrow Refund and Legal Thread
by
itsmelondo
on 04/10/2014, 16:40:59 UTC
Little late, but my 2c:

I am not a lawyer, but if I were you, I would have all of my communication go through my lawyer with Black Arrow.  i.e. I would stop chatting with them via PMs.
Post
Topic
Board Hardware
Re: Black Arrow Customers - Consumer Complaints Links
by
itsmelondo
on 02/10/2014, 20:58:35 UTC
I got a copy of a letter sent from the consumer council to BA on my behalf.  After that, I haven't heard anything.
Post
Topic
Board Scam Accusations
Re: Black Arrow 28nm 100Ghash Bitcoin ASIC from $0.49/GH/s
by
itsmelondo
on 24/09/2014, 00:30:45 UTC
If you live in the United States and did business with Black Arrow, in addition to submitting a complaint through the BBB, you can submit a complaint through:

http://www.econsumer.gov/

This is a site that is run by the FTC specifically for foreign companies.
Post
Topic
Board Scam Accusations
Re: Black Arrow 28nm 100Ghash Bitcoin ASIC from $0.49/GH/s
by
itsmelondo
on 12/09/2014, 17:56:13 UTC
Also, I am not a lawyer, but the latest updates to the Trade Descriptions Ordinance (Chapter 362) are quite plainly stated, albeit a bit poorly formatted.  I trust your lawyer is competent, but in order to save him/her time, I would point them here:

http://www.legislation.gov.hk/blis_pdf.nsf/4f0db701c6c25d4a4825755c00352e35/620C44C5887E4501482575EE0071B7D7/$FILE/CAP_362_e_b5.pdf

Relevant sections:

Section 12 (relevant to the scenario of them continuing to ship the Prospero X-3's):
Quote
(1) A person must not import or export any goods to which a false trade description or forged trade mark is applied. (Amended 35 of 2000 s. 98; 25 of 2012 s. 10)

Section 13H (relevant to them not delivering within a reasonable time):
Quote
(1) A trader who engages in relation to a consumer in a commercial practice that constitutes a bait and switch commits an offence.
(2) The making by a trader of an invitation to purchase a product at a specified price is a bait and switch if, having made the invitation, the trader then, with the intention of promoting a different product
-(a) refuses to show or demonstrate the product to consumers;
-(b) refuses to take orders for the product or deliver it within a reasonable time; or
-(c) shows or demonstrates a defective sample of the product.

Section 13I (relevant to them not delivering as well as the fact that the specs for the X-3's have changed since they were advertised):
Quote
(1) A trader who engages in relation to a consumer in a commercial practice that constitutes wrongly accepting payment for a product commits an offence.
(2) A trader wrongly accepts payment for a product if the trader accepts payment or other consideration for the product and at the time of that acceptance
-(a) the trader intends not to supply the product;
-(b) the trader intends to supply a product that is materially different from the product in respect of which the payment or other consideration is accepted; or
-(c) there are no reasonable grounds for believing that the trader will be able to supply the product
--(i) within the period specified by the trader at or before the time at which the payment or other consideration is accepted; or
--(ii) if no period is specified at or before that time, within a reasonable period.

From my perspective, this is a slam dunk case for many reasons so long as it makes it to a courtroom.
Post
Topic
Board Scam Accusations
Re: Black Arrow 28nm 100Ghash Bitcoin ASIC from $0.49/GH/s
by
itsmelondo
on 12/09/2014, 17:42:32 UTC
@Bitcz - I sent you an email with my details a while back.

Please note, based on blackarrow's post today in the ecointalk forums:

"We are currently waiting for CE commission to check the issues with the PSUs.  Once we have their approval we will ship your order."

They are still investigating the power supplies.

I received an email within the last 3 days stating that my product (a Black Arrow Prospero X-3) had shipped despite a refund request.  This would also imply that they are shipping untested power supplies; more broadly, they are knowingly shipping a defective and unsafe product.