Do you think they could refund?
As stated when you placed your order, all sales are final. You can ask for a refund and start a dispute with them,
but they are under no obligation to refund you your money.You and BFL may want us all to believe this but until a customers order physically ships it appears according to the FTC that the company must issue a prompt refund when the customer asks for a refund for ANY reason.
Just because their ToS is against FTC regulations doesn't mean it's OK to break those regulations because you put it in your ToS LDO.
(Bolded in mine)
When You
Must Cancel an Order
You must cancel an order and provide a prompt refund when:
•the customer exercises
any option to cancel before you ship the merchandise;
•the customer does not respond to your first notice of a definite revised shipment date of 30 days or less and you have not shipped the merchandise or received the customer’s consent to a further delay by the definite revised shipment date;
•the customer does not respond to your notice of a definite revised shipment date of more than 30 days (or your notice that you are unable to provide a definite revised shipment date) and you have not shipped the merchandise within 30 days of the original shipment date;
•the customer consents to a definite delay and you have not shipped or obtained the customer’s consent to any additional delay by the shipment time the customer consented to;
•you have not shipped or provided the required delay or renewed option notices on time; or
•you determine that you will never be able to ship the merchandise.
http://business.ftc.gov/documents/bus02-business-guide-mail-and-telephone-order-merchandise-ruleThe way I read this BFL is clearly in violation of the FTC mail and telephone order merchandise rule (punishable by the FTC suing them for up to $16,000 per incident).
Feel free to continue to state misinformation as fact though, seems to be common with BFL nut huggers
The way I read it, they are not. It states:
The Rule requires that when you advertise merchandise, you must have a reasonable basis for stating or implying that you can ship within a certain time. If you make no shipment statement, you must have a reasonable basis for believing that you can ship within 30 days. That is why direct marketers sometimes call this the "30-day Rule."
In BFL's statement, they said it will be at least 2 months, but never promises "by" statement.
And reading through this page, this does not cover the by-law of "All Sales Are Final" as stated by BFL. When dealing with something as this, the rules are different. Also taken from the FTC website on this page
http://business.ftc.gov/documents/bus27-complying-telemarketing-sales-rule3. No-Refund Policy
If there’s a policy of honoring requests for refunds, cancellations of sales or orders, exchanges, or re-purchases, sellers and telemarketers must disclose information about the policy only if they make a statement about the policy during the sales presentation. If the sales presentation includes a statement about such a policy, it must also include a clear and conspicuous disclosure of all terms and conditions of the policy that are likely to affect a consumer’s decision on whether to purchase the goods or services offered.
If the seller’s policy is that “all sales are final” — that is, no refunds, cancellations of sales or orders, or exchanges or re-purchases are allowed — the Rule requires you to let consumers know before they pay for the goods or services being offered. You may give this information to consumers orally or in writing, and the information must be clear and conspicuous.
.....This means BFL does not have to offer a refund as it was made aware to you BEFORE you purchased the item.
