I bought my baby jet on 09/01 (TOS of 08/08 stated NO GUARANTEED SHIPPING DELIVERY OF 31ST DEC). TOS changed on 09/09 and several more times all in favor of HF. I do not want a machine that will not bring back its initial investment, built fast to get out the door before 12/31 and will more than likely be defective. With their ambiguous dates and false sense of security via their elusive MPP they have duped all batch 1 customers. I have requested a refund several time (last one on 11/26) and they took a week to carbon copy the BS they tell everyone: "no refund, sell your machine…"
Samantha Owusu that is writing their TOS and can't spell cancellation correctly has not been taking into consideration FTC rules that prevail above the amateur HF TOS.
Hashfast violations of FTC rules
(keep in mind that monetary civil penalties are up to $16,000 per violation)
1. Misleading shipping dates on the product page.
The baby jet batch 1 showed delivery date of 20-30 october on your product page on hahshfast.com and was relied by other media that promoted HF items. It does not matter if HF terms of sale state otherwise, the fact is that HF page was misleading and FTC rules stipulate that "Whether you make a shipment representation or rely on the 30-day rule, your advertising should be unambiguous about when you will ship". This is a 2 months discrepancy and for normal product this is already unacceptable but for the BTC market, where mining hardware is an arm race, this is suicidal. $16K
2. Terms of sale and a purchase order is a sales contract between a customer and a merchant. Changing terms of sale should have been notify directly to me and as for a contract each party has to consent to the new terms of the contract or it becomes null and void. $16K
3. Before the product is shipped, according to the FTC rule the customer has all the right to cancel the order no matter if HF wrote on their TOS that they do not accept refund or cancellation as the US LAW prevail before HF TOS and rule. So as stated by FTC "You must cancel an order and provide a prompt refund when:
the customer exercises any option to cancel before you ship the merchandise." It is the company duty to take this into consideration this risk while manufacturing a product. $16K
4. Changing item specs from 350W to 400W. $16K
"If, after taking the customer’s order, you learn that you cannot ship within the time you stated or within 30 days, you must seek the customer’s consent to the delayed shipment."
The FTC investigates fraud and eliminate unfair business practices. As I filed a complain with them regarding HF company, they will be investigating further points, my list above is non exhaustive.
This is why you should comply with the FTC regulations:
Merchants who violate the Rule can be sued by the FTC for injunctive relief, monetary civil penalties of up to $16,000 per violation (any time during the five years preceding the filing of the complaint), and consumer redress (any time during the three years preceding the filing of the complaint). When the mails are involved, the Postal Service also has authority to take action for problems such as non-delivery. State law enforcement agencies can take action for violating state consumer protection laws.
I'm working with my uncle based in SF (former Senior VP of Charles Schwab) to send their lawyers this week to the Nextspace office where HF is now located (to look good on their video). A class action and full media attention will certainly motivate these lawyers. MP if you are also interested by this class action.
^Quoted for hilarity^