They are covered for EU laws by Terms of Sale. Very cleverly written. And you agreed to that contract.
That is not true
Its not cleverly written since:
They sell to consumers only
For EU consumers EU law applies even for Swiss companies
EU cancellation rights are very generous towards consumers even for custom hardware in the case the specifications and details of the product are not transparent and clear. This is obviously the case here.
Apart from that: many people apparently did not get a confirmation about the delivery date and specs....so there are chances that a contract with bitmine was never established.
Exactly.....
My first email stated " Your order has been received and is now being processed. Your order details are shown below for your reference:"
Hence should be "Processing". my next email stated "Your order has been received and is now being processed. Your order details are shown below for your reference" hence it is "Processing". When i go into view my orders it says "Processing". No conformation email was sent regarding my "CONFIRMED PAYMENT" or that my order was "CONFIRMED". According to their terms of sale
"1.5 After you place an order, Bitmine will send an email to the address you have provided acknowledging receipt of your order. Please note that this does not mean that your order has been accepted nor that your position in the shipping queue is confirmed."
Ok so my order may not be ACCEPTED OR HAVE AN AGREED SHIPPING DATE, But
1.6 Bitmine will confirm its acceptance of your order by sending you an email confirming that the payment has been received and cleared. This operation confirms your position in the shipping queue and, as such, the “agreed shipment date”. Bitmine shall not be under any obligation to accept your order and the contract between you and Bitmine for the sale of goods will only be formed once Bitmine has sent you such Paid Order Acceptance Confirmation email.
SO my order is NOT confirmed as i don't have an email that CONFIRMS my payment.
1.8 Any contract between you and Bitmine is subject to your right of cancellation if you are a consumer and according to the Cancellation policy (see 5.1 below).
5.1 The goods sold by Bitmine on its website are manufactured on order and as such are not subject to applicable laws for commodity items.
5.2 Once confirmed, the order cannot be cancelled unless it is complying to term 4.5.3 above. To exercise your right of cancellation, you must give written notice to Bitmine to the address or email address
My Order Is NOT confirmed so basically you have my money sitting in your bank. So according to the FAQ's when my order was placed
"Q: I changed my mind, can I request a refund for my order?
A: YES, if the order wasn’t shipped yet, you are eligible for a full refund based on our Order Refunds Policy. Please contact our support team to ask for a refund. Also, kindly note that if you cancel your order, you will loose your position in the order queue.",
Which was changed to
"Q: I changed my mind, can I request a refund for my order?
A: YES, if the order isn’t in production yet, you are eligible for a full refund based on our Order Refunds Policy. Please contact our support team to ask for a refund. Also, kindly note that if you cancel your order, you will loose your position in the order queue."
WAIT
1.9 Bitmine may change these Terms without notice to you in relation to
future sales. Please check these Terms every time you wish to order goods from our Website to ensure you understand the terms which will apply at that time.
So my order is Not confirmed, I was mislead into purchasing as you website assured me i could get a refund, according to the terms of the sale.
2.2 The description and specifications of the goods you order will be as shown on the Website at the time you place your order.
It still says we can get 1500gh/s out of a 1 th/s. In no way What so ever are there any indication that the that the machine has to be in optimal conditions. Mislead again.
5.3 You cannot exercise your right of cancellation in any case once the goods have left our warehouse.
None have, so Evan those who are having their machines hosted there. Hopefully you have them hosted else where or well you know.
9.4 If any court or relevant authority finds that any part of these Terms is unlawful or unenforceable, the validity and enforceability of the other Terms shall not be affected
That's OK, i just want my unconfirmed order canceled and refunded. As it is not a confirmed order i do not come under your refund policy and will not wait 30 days for this refund. I await your detailed response
Please Note the the time in wich this was posted as if i email bitmine and they change my order status 11:02pm EAST QLD Australia 19/02/2014
Thank you Bitmine