Same case here.
AT replyed to the CC company that they provide regular development updates and that the customer is aware of this, just like their cancellation policy. If customer e-mails AT, AT will provide the customer a refund...
They can refund my CC directly now, if they are so earger to give back refunds.
I didn't buy a subscription to their development updates. I ordered a miner in January, which should have been delivered last July.
Now it's December and they even haven't got a working prototype ready.
Mastercard will now decide who's right, AT or the customer.
Loser will have to pay the GBP 5.000 order amount + a fine to Mastercard.
CC company told them they weren't afraid of losing and will go for Mastercard's binding judgement if AT still disputes the chargeback.
Alpha-Tech challenged the credit card chargeback claiming that their T&C does not allow for refunds and that the product is about to ship(!)
I wrote to the credit card bank reiterating that they have not delivered a single unit by now and that I'm not paying for a product that I didn't receive. Otherwise I would have to file a small claims court and add the bank as a defendant as I expect Alpha Tech to go bankrupt.
The credit card bank agreed that Alpha Tech has not conformed to Mastercard rules and has upheld my refund. However, they said that it is possible that Alpha Tech would challenge the chargeback again going forward, and that the dispute would be reactivated then.