Final confirmation is required
Please be advised that due to the adjustments described above, we need your confirmation prior to release of your order into the final build queue and on to final delivery. It may also be a good time to review your purchase altogether relative to the bitcoin market as this is the last opportunity to do so. If your order is not confirmed, it will be canceled and your money will be refunded.
Thank you for your support and we wish you great satisfaction with your product!
Uh oh,
Watch out folks!
This is part of the legal process of shipping something that is not
perfectly conforming to what you originally purchased.
The above is asking you NOT IF you want to confirm your order....BUT IF you want your order as it has been "redesigned". If you say no, you don't get your order but a refund instead. If you say yes, then you get whatever they have redesigned.
So the first logical step is to ask what the changes will be!The other part of what this email is trying to obscure is the fact that if you AGREE, you lose your ability to refund [for said changes]. You the customer have been queried if you accept the changes, and as such, you lose your refund ability due to changes or any conformance differences.
So think before you tap "OK". Ask questions now! Then click.--------------------
Very slick BFL. Very Slick.
ALSO, PLEASE....ask what the time frame for delivery will be. Get it in writing!This may be a scheme to get you to give your consent without telling you (or giving you) any indication of how long it will be before you receive your order.
You are signing on the electronic line that you accept any changes. THINK before you ACT. ASK QUESTIONS FIRST! Get assurances on timeline for delivery. ASK if Refunds will still be HONORED.
Don't walk into it blindly like sheeple.
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While it is true that between two merchants a modification to a contract does not require consideration, such is not the case when one of the parties is a non merchant. Any modification to the sale of an item under the UCC when one or more parties are non merchants requires the modification to be be accompanied with some type of additional consideration
- E.G. In contracts between parties who are not merchants, a modification should be supported by some consideration, which is the exchange of value, or something to solidify an agreement. Courts impose this requirement to prevent Fraud and deception in the modification of contracts. Consideration operates as evidence that the parties have agreed to the modification. Without the requirement of consideration, a party to a contract could declare that the contract should be modified or canceled whenever such a demand was advantageous.
I am going to use the term non-conforming goods. This does not imply they are inferior goods rather that they are different from what was originally specified in the sales contract.
I am pretty sure BFL knows this and the purpose for the confirmation is not to enforce a contract modification. One can accept the new goods or not and get a refund. Not everything is sinister. I would think they want the confirmation to make sure that you want the new config and quantities and not your money back. It would make no sense to accept non-conforming goods and then sue when the option for reimbursement was available. The court would probably think you were crazy, as the only options would be specific performance which would be impossible as perfectly conforming goods do not exist, or restitution, which was available without excepting the non-conforming goods and then suing.