Just received an email from BFL regarding my refund.
While we reserve the right to handle refund requests on a case by case basis, pre-ordered products are non-refundable as is clearly stated at the time of purchase. The reason for this is that pre-order funds are used in the build process which makes it impractical to reverse. It's also been observed that some small number of customers have placed orders as part of a bitcoin price hedging strategy which involves multiple requests to cancel and then re-enstate their orders as market conditions change. This has created an enormous customer service burden which is resolved by enforcing the all sales final policy.
Some customers have asked why we've given order cancellation refunds to others, but they can't get one. The answer is that we had opted to process order cancellation requests during our long product development phase as a courtesy to those who endured the stress of the unknown. However, once full production began, a notice was sent out advising that orders would be shipped as produced according to the order queue and that if anyone was unwilling to endure the wait, they had a final opportunity to cancel. Customers were required to positively confirm their desire to remain in the order queue and accept the order terms.
Pre-Order terms for new orders were updated on the website on April 1, 2013. The terms state, "I accept the terms of the sale and understand that all sales are final and there is a backlog of orders and production & delivery of my order may take 2 months or longer."
As a Wyoming Corporation, we operate under the US Federal Trade Commission's business guide for mail or telephone ordered merchandise. The relevant guideline suggests that if no delivery terms are stated or agreed to, then 30 days should be assumed. In our case, we've gone to great length to ensure there is no ambiguity. Customers are/were notified of the back order situation, the inability to cancel their order and the multi month wait to be expected. However, we have added a new feature to your account dashboard. You have the option of selling your order. There are more details and instructions on how to do so on our facebook page.
Announcing a Pre-Order Marketplace
Butterfly Labs is excited to announce a platform that will help merge the needs of both parties. A seller will be able to announce the sale of their pre-order position in our classifieds forum. They will establish the terms of sale and make the deal on their own. Once a deal has been made, they will use the transfer system in their account Dashboard to transfer an order to a new owner. When both parties verify and agree to the terms, the order will be moved to the buyer's account.
The order transfer system was set in place September 10, 2013.Butterfly Labs will only provide the platform for the order transfer to take place. We are not responsible for any deals made between our customers. Use of the order transfer system is solely the risk of the parties making the order transfer deal. Buyer's must agree to the original terms of the sale, and specifically to the no refund policy.
Here is the relevant FTC guideline text:
"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."
Kindest Regards,
Tamika
Butterfly Labs
Last I checked, isn't BFL located in Kansas? Or is BFL so clueless to as which state they're operating in? Did Tamika just explain to me that BFL is violating Federal Trade Commision guideline? I've waited way more than 30 days. Anyhow, att this point, I still haven't received a response/refund from PayPal. I gave BFL a shot but already knew their answer. I'm going to let them ship whatever they want to ship to me and reject the package. If they still feel they are entitled to keep my money after I reject the shipments, then I'll give my attorney a call.
This is obviously the new line: "customers who want refunds are hedging their bets". Josh
posts in the "other" forum today:
We did exactly what you stated. We offered refunds the entire time our products were delayed. We stopped offering refunds after our products were no longer delayed and we were shipping the products. Everyone had the opportunity to cancel their orders whenever they wished prior to us beginning the mass manufacture, production and shipping of product. I'm sorry, but we simply can not not be a hedge for your bitcoin speculation.
The products are still delayed today. We don't know if most customers have received their products 5 months after their last opportunity to get a refund on May 1st, because no one knows the distribution of their orders and they certainly haven't made much progress with the higher hash rates product lines. BFL are happy to rely on their customers as a "hedge" for their over-selling, late delivery and catalogue of fuck-ups. The money that has sat in their bank account for over a year has been a reliable insurance to ensure they can take as long as they want to.
It makes be laugh the amount of different lines that Josh has spun since mid 2012 to explain BFL's terrible policies and incompetence. This one takes the biscuit. He doesn't know what "sorry" means.