Hmm.. I thought you would have had no legal basis for demanding a refund as long as HF isnt 30 days overdue, but that seems to be incorrect, the 30 day rule only applies if no 'shipping representation' was given. Its clear they did give a shipping representation, just being 1 day late gives you grounds to refuse the order:
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. If you cannot obtain the customer’s consent to the delay -- either because it is not a situation in which you are permitted to treat the customer’s silence as consent and the customer has not expressly consented to the delay, or because the customer has expressly refused to consent -- you must, without being asked, promptly refund all the money the customer paid you for the unshipped merchandise.
Moreover, whatever they say on their ToS page is likely overruled by anything said over the phone, probably on this forum and on their order page:
Qualifying 30-day or Other Shipment Representations:
Q: In soliciting telephone orders we make no shipment representation, so the 30-day rule applies. In taking the order, the sales representative tells the customer that the merchandise will be shipped in 72 hours. Then we discover that the merchandise cannot be shipped in 72 hours, but can be shipped within 30 days. Do we have to get the customer’s agreement to a delay?
A: Yes. The shipment representation you make in negotiating the sale during the telephone call supersedes any express shipment representation you made in soliciting the order or, if you made no express shipment representation, the 30-day shipment time. Your compliance with the Mail or Telephone Order Merchandise Rule will be determined based upon the 72-hour shipment representation.
http://www.business.ftc.gov/documents/bus02-business-guide-mail-and-telephone-order-merchandise-ruleCurious how this will pan out, though I have to say I would have expected BFL customers to file complaints en masse well before hashfast.
(/me waits for Ytterbium, Ytterbium & Associates to point out thats a mail and telephone order rule and therefore doesnt apply to online sales paid with bitcoins )