Nothing has changed. There was no word about a business to business contract in their original ToS.
eneloop is right, they have NEVER said anything in their T&Cs about this being a B2B transaction. It is not even in their T&Cs today
https://alpha-t.net/terms-order/This is something they have said retroactively to justify their refund policy. In fact their position has changed over time.
This is what they said on 10/01/2014 when asked about their refund policy:
”In regards to DSR. 7 days after you RECEIVE your product you are entitled to a FULL refund including deposit. This is once final payment is made.
That has no relevance with deposits pre final payment and pre shipping. If a customer decides after agreeing to our set agreements to pay the deposit. And then decides they do not want the product or want to pay final payment. They forfeit the deposit and by law we are allowed to take full deposit. But once again as a courtesy we are giving back deposits as well.
Please do your due diligence and full research. We have checked and confirmed all our rules via the international regulations.
You should contact the DSR and any authorities regarding this case for your self satisfaction.
Alpha Technology Team”
No mention of being a business customer there, and they clearly acknowledge their adherence to the DSR, although they dispute it covers “pre final payment” deposits. After this assertion was hammered and proved false they changed their tune on 24/03/2014 and said this:
"You are not classed as a consumer to us. Our devices are sold and are classed for business use, cryptocurrency mining earnings in the UK is classed as income and is taxable, our units are used purely for mining, therefore every customer is classed as a business-user. It is your duty to register as a business and class your mining earnings from our devices to the relevant governing bodies. As we are selling for business use only therefore our terms of conditions are what you have to comply by as you accepted before you ordered."
They have been caught in a blatant lie. Alpha don't have a legal leg to stand on.
Alpha is screwed either way. If you look at the terms there is no mention of being a b2b tranaction. So you are considered an individual and DSR applies. Even if by the off chance you can't uphold that in court Alpha violated the contract and it is null and void for what they DID put on their terms.
1. Final payment will be requested 8-10 weeks before ship date. They made a request for final payment around May 22nd. So 10 weeks has elapsed and no shipping has started.
2. Payment can be made by PayPal. If you can't make payment through PayPal for the full payment then they are in violation of the terms there. They did not say credit cards. They said paypal. It doesn't matter if PayPal won't work with them they should not have entered that into their terms. So since they are in breach they have to offer full money back refunds. They can offer other options but if you don't want the other options and you just want the refund they HAVE TO give it to you.
