This is what I think I know. I'll be reading up to see if or any holes surface in my theories.
-First, English consumer laws give you the right to request a refund up until 7 days of receiving your item (no breach of contract required). Only way out is for Alpha to not have the money A.K.A filling for bankruptcy, which in England it's even more trouble if you're already "labelled" a business, is not that easy or even worth it (unless they plan to grab the money and move to another country). I honestly think they are relying on people to believe their statements and not take any action. And that's how they'll dodge refunding.
-Second, they state nowhere that it's a B2B (by which you would lose the consumer's protection), they don't have it like other businesses in their T&C something in the lines of "by giving us your money you acknowledge this is a B2B transaction" or "we only do B2B", nor they asked us any type of business ID or Tax number from our part. They have nothing in place to safeguard their claim of B2B and even Fiaz's declarations support the fact that they are aware and producing equipment with the knowledge that we are NOT businesses.
Example:
https://forum.alpha-t.net/index.php?topic=687.msg4410#msg4410In the Latest Update thread, someone asks: "Can I just put the device on my computer desk instead of mounting on rack? How hot would it go while working, especially in summer? "
Fiaz replies: "Can't give you a figure but rest assured this will be fine as we expect most customers to do this."
They are producing miners for businesses to put them on racks in centres, or for individuals to have them at home on top of their desks? They expect most customers to set the miners on their computer desks.
It's not solid proof but just an example, and these little statements pile up and count as show of intent, contradiction and ultimately "deceit" in declaring B2B. Still I honestly believe that in both cases, bankruptcy or B2B claims, it's their burden to prove. Unfortunately I think they'll only budge when confronted by a small claims court individually, case by case, and dodge everything else.
Edit: It could be naivety from my part but I don't think they set off as any type of scam (so much so that I pre-ordered), I believe they may be in over their heads and at this point "scrambling to find a way out".