You know you have to pay the 70.- CHF in advance just for the 'betreibungsbegehren' to be valid paperwork and they will just object it within the 10 days. Then it's on you and you have to counter-object the objection. Even though this is the correct way to start things in a case of fraud, I think you don't stand a chance because they are secured by their TOS (AGB).
Technically it's just not a fraud (yet). It will eventually become a fraudolent contract when you request your money back and they wouldnt pay.
So, bless your heart but I just don't think you are going the correct sequence. In my eyes the correct sequence will be
Agreed Shipment + 60 days according to TOS -> Refund request -> 30 days processing time according to TOS -> No Refund received -> Start "Betreibungsbegehren" (costs you 70.- CHF upfront) at Camorino -> Camorino confirms the validity of the BB and informs Bitmine by signed letter -> Bitmine has 10 days to object -> You are informed of the objection and have 7 days to counter-object -> You may go to the police now to start a civil law sue against Bitmine, this is free -> Decision in court (duration up to several years)
I know the procedure very well as I am currently involved in such a case myself where I am the suitor and it's going on since early 2012 ...
@Karma:
Problem is, they do not respond to anything. If they never ship, your process doesnt work. They are in 'Schuldnerverzug' as they didnt ship since 2 months (for my situation). According OR102-109 i can start the 'Betreibung'. If the 'Zahlungsbefehl' arrives at bitmines, we will see how they react. They have two possibilities. Either way: bitmine has to do something. what we dont know right now is: is it a fraud or are they just lazy.
A) zefir has lied (assuming fraud): They will do a 'Rechtsvorschlag' and i dont see my money asap. Next step is to involve a court. (my plan in this case)
B) zefir is correct (full refund, theyre too lazy to answer my mails): they send the money and I will stop the 'Betreibung'.
we will see...
I believe, it makes no sense to make assumptions. Today I contacted my lawyer, within the next 2 days, I should know about my possibilities to start a court case against Bitmine.
The problem I have: I don´t trust Bitmine anymore, and I don’t want to wait for the “worst case”. Just checked their website: they still offer the rigs with shipping date March week 4. To document this, I printed now all their webpages.
From Zefir we know(last week), he is working to finish the firmware for the rigs. Similar information from a disappointed customer had been posted today.
How can Bitmine sell products (and take money for this items), even if the product do not exist? Is there some information on the website, that this product does not exist ? I can find nice description about the energy consumption, the turbo mode, the front display and other useless information.
But nothing about the fact, that this product does not exist.
Without knowledge of this comments here, a possible customer will send orders and wonders why nothing happens. (the same happened to me)
We remember: Dec. 10th, when Mr. Massaratro posted:
“As of now, the
January and later batches should NOT be affected by the delay because our production capability is enough to recover the delays”
This really sounds great for someone who considered end of December to place an order.
Again: Dec 10th - still no product available, but Mr. Massarotto knows, that January batches are not affected.
I am afraid that the “Bitmine story” might be something for the Swiss authorities soon. That’s one reason, why I don’t want to wait any more.