i hate this: verspillow you are right in what you say but also:
1. They have said that the TOS changes apply only to new customers as they open the batch
2. The final product is not similar to the original in terms of hashing speed as well. Where they shot themselves in the foot is with energy efficiency. Their best bet is someone to deliver something like the one they promised and go beg him to label some for them so they can start shipping.
So if I'm in the amex seat i would still be troubled giving you money back at this stage.
What you need to understand is that you can cancel at any time for a FULL REFUND. That is the LAW. You don't have to give Amex an excuse, you just have to say I don't want it any more.
The Distance selling Regulations clearly state (page 25 question 3.48).
http://www.doctronics.co.uk/pdf_files/OFT913%20DISTANCE%20SELLING.pdf What specifically do I have to refund to the consumer if
they cancel?3.48 The DSRs require you to refund any money paid by or on behalf of
the consumer in relation to the contract to the person who made the
payment. This means the full price of the goods, or deposit or prepayment
made, including the cost of delivery.The problem is, as I stated earlier, with a charge back the CC company is not "jointly liable" this means they have to ASK for the money back. If the company says no, you're screwed. This is what has happened to Searing.
In the UK if you pay directly to the company ie do not go through a third party, Paypal, google checkout etc, you are entitled to make a claim under Section 75 of the Consumer Credit Act. This makes the CC company "jointly liable" so they have to give you the money themselves, not chase the retailer for it. This gives you vastly more protection. Unfortunately, those that did pay with a card went through Paypal or Payza which means your only options are charge backs or Paypal/Payza disputes.
This is something you need to seriously consider before you throw any more money at this. The CC protection you get is pretty flimsy with a charge back. If the retailer disputes the claim there isn't really anything the CC company can do. Alpha will just say its in their T&Cs, you can point out that their T&Cs are illegal and point them to the UK DSR but you then have to hope the CC company gives enough of a damn to do anything about it.
Basically you have limited protection when paying with a CC through a third party or using charge back. If you think this option protects you from loss if Alpha fail to deliver, ship a sub par product or go bankrupt. THINK AGAIN.