Pages:
Author

Topic: Open letter to Hashfast in response to refund terms. (Read 7523 times)

legendary
Activity: 1904
Merit: 1007
So i am asking you as a moderator. How do they get a scammer tag? Refuse full BTC refunds for who asks or how?
AFAIK we don't issue them anymore.

I can't imagine that ALL manufacturing for all products was paid for investors. Do you think they used B1 preorders to fund R&D on new machines?
They claimed that they wouldn't be using pre-orders to fund development, what they actually did is anyone's guess— much of the coin they'd been paid had apparently not been moved when people were investigating this a week ago.

It's certainly possible, even likely, that they spent some portion of it to cover the actual manufacturing— but we wouldn't know when. Though assuming their hardware works those costs should be amply recoverable.

What are the determinations of the "trusted" trust list? I see the list, but if someone isn't one of those select people, nobody ever sees the feedback they send. What's the point of feedback if only a few people are authorized to send it?

Trust system is so fucked up. It's small and it's based on a "default" small trusted list and if those 2-3 people decide not to get involved then it's useless. Is this the kind of open community that we want? Sad open community.
hero member
Activity: 924
Merit: 1000
I gotta say, the trust system here is so hidden that it is basically useless. The BIG RED XXXX scammer tag needs to come back. I'm sure it doesn't work to give someone like inaba a scammer tag, since he pays so much to advertise here. But does hashfast advertise here? They are disappearing with money right now, all the promises about shipping on the 31st have been broken. They want people to sign away any chance of a refund, and they hired a new lawyer. All signs are bad.

And applied appropriately to BFL, Avalon and HF by the sounds of it.
sr. member
Activity: 378
Merit: 250
So i am asking you as a moderator. How do they get a scammer tag? Refuse full BTC refunds for who asks or how?
AFAIK we don't issue them anymore.

I can't imagine that ALL manufacturing for all products was paid for investors. Do you think they used B1 preorders to fund R&D on new machines?
They claimed that they wouldn't be using pre-orders to fund development, what they actually did is anyone's guess— much of the coin they'd been paid had apparently not been moved when people were investigating this a week ago.

It's certainly possible, even likely, that they spent some portion of it to cover the actual manufacturing— but we wouldn't know when. Though assuming their hardware works those costs should be amply recoverable.

What are the determinations of the "trusted" trust list? I see the list, but if someone isn't one of those select people, nobody ever sees the feedback they send. What's the point of feedback if only a few people are authorized to send it?
newbie
Activity: 14
Merit: 0
So i am asking you as a moderator. How do they get a scammer tag? Refuse full BTC refunds for who asks or how?
AFAIK we don't issue them anymore.

I can't imagine that ALL manufacturing for all products was paid for investors. Do you think they used B1 preorders to fund R&D on new machines?
They claimed that they wouldn't be using pre-orders to fund development, what they actually did is anyone's guess— much of the coin they'd been paid had apparently not been moved when people were investigating this a week ago.

It's certainly possible, even likely, that they spent some portion of it to cover the actual manufacturing— but we wouldn't know when. Though assuming their hardware works those costs should be amply recoverable.

What do you mean the coin hadn't been moved? I'd love to read those posts.
legendary
Activity: 1904
Merit: 1007
So i am asking you as a moderator. How do they get a scammer tag? Refuse full BTC refunds for who asks or how?
AFAIK we don't issue them anymore.


So i was right. This is now scammers den! Great!

Do you know the reasons behind that decision?
staff
Activity: 4284
Merit: 8808
So i am asking you as a moderator. How do they get a scammer tag? Refuse full BTC refunds for who asks or how?
AFAIK we don't issue them anymore.

I can't imagine that ALL manufacturing for all products was paid for investors. Do you think they used B1 preorders to fund R&D on new machines?
They claimed that they wouldn't be using pre-orders to fund development, what they actually did is anyone's guess— much of the coin they'd been paid had apparently not been moved when people were investigating this a week ago.

It's certainly possible, even likely, that they spent some portion of it to cover the actual manufacturing— but we wouldn't know when. Though assuming their hardware works those costs should be amply recoverable.
newbie
Activity: 14
Merit: 0
::nods::

I think the key points are that they:

(1) Clearly promised full BTC refunds in the even that they didn't delivery in several venue and forum, including explicit direct communication

(2) Could easily have arranged to make full BTC refunds possible (by holding the coins or hedging against their change in value with an agreement with someone who was holding the coins). They claimed their manufacturing was paid for by investors, so the view that they'd hold the coin was completely realistic (and may be true).

(3) Sold products under terms that would have really only been attractive when secured by the expectation of refund of BTC paid in the event of default. They sold machines for BTC that produce BTC and can't practically be used for anything else, only a fool or a madman would buy such a machine without the expectation that they'd get as much or more BTC back from it.

When I purchased my hashrate estimate was that if they delivered on time my baby-jet units would lose about 10 BTC each, but since they were offering up to 4x more hashrate via MPP that would be enough to let me upgrade my mining hardware to "significantly less than 1.0 W/GH" at basically breakeven, or— if they were so late to deliver that MPP could not protect it against hashrate increases, that I'd receive a full refund of the BTC paid. It was my understanding and belief that hardware itself would be pretty profitable relative to COGS but I was willing to give up most of that profit with HF's high prices in exchange for they and their investors taking the considerable risk of delays and failures to deliver.


I can't imagine that ALL manufacturing for all products was paid for investors. Do you think they used B1 preorders to fund R&D on new machines?
legendary
Activity: 1904
Merit: 1007
::nods::

I think the key points are that they:

(1) Clearly promised full BTC refunds in the even that they didn't delivery in several venue and forum, including explicit direct communication

(2) Could easily have arranged to make full BTC refunds possible (by holding the coins or hedging against their change in value with an agreement with someone who was holding the coins). They claimed their manufacturing was paid for by investors, so the view that they'd hold the coin was completely realistic (and may be true).

(3) Sold products under terms that would have really only been attractive when secured by the expectation of refund of BTC paid in the event of default. They sold machines for BTC that produce BTC and can't practically be used for anything else, only a fool or a madman would buy such a machine without the expectation that they'd get as much or more BTC back from it.

When I purchased my hashrate estimate was that if they delivered on time my baby-jet units would lose about 10 BTC each, but since they were offering up to 4x more hashrate via MPP that would be enough to let me upgrade my mining hardware to "significantly less than 1.0 W/GH" at basically breakeven, or— if they were so late to deliver that MPP could not protect it against hashrate increases, that I'd receive a full refund of the BTC paid. It was my understanding and belief that hardware itself would be pretty profitable relative to COGS but I was willing to give up most of that profit with HF's high prices in exchange for they and their investors taking the considerable risk of delays and failures to deliver.


So i am asking you as a moderator. How do they get a scammer tag? Refuse full BTC refunds for who asks or how?
sr. member
Activity: 378
Merit: 250
I gotta say, the trust system here is so hidden that it is basically useless. The BIG RED XXXX scammer tag needs to come back. I'm sure it doesn't work to give someone like inaba a scammer tag, since he pays so much to advertise here. But does hashfast advertise here? They are disappearing with money right now, all the promises about shipping on the 31st have been broken. They want people to sign away any chance of a refund, and they hired a new lawyer. All signs are bad.
staff
Activity: 4284
Merit: 8808
::nods::

I think the key points are that they:

(1) Clearly promised full BTC refunds in the even that they didn't delivery in several venue and forum, including explicit direct communication

(2) Could easily have arranged to make full BTC refunds possible (by holding the coins or hedging against their change in value with an agreement with someone who was holding the coins). They claimed their manufacturing was paid for by investors, so the view that they'd hold the coin was completely realistic (and may be true).

(3) Sold products under terms that would have really only been attractive when secured by the expectation of refund of BTC paid in the event of default. They sold machines for BTC that produce BTC and can't practically be used for anything else, only a fool or a madman would buy such a machine without the expectation that they'd get as much or more BTC back from it.

When I purchased my hashrate estimate was that if they delivered on time my baby-jet units would lose about 10 BTC each, but since they were offering up to 4x more hashrate via MPP that would be enough to let me upgrade my mining hardware to "significantly less than 1.0 W/GH" at basically breakeven, or— if they were so late to deliver that MPP could not protect it against hashrate increases, that I'd receive a full refund of the BTC paid. It was my understanding and belief that hardware itself would be pretty profitable relative to COGS but I was willing to give up most of that profit with HF's high prices in exchange for they and their investors taking the considerable risk of delays and failures to deliver.
newbie
Activity: 14
Merit: 0
This is a fascinating discussion. Sorry for those who have lost/may have lost money.

My general thought is that, at the very worst, there is a colorable argument for recovery of the current value of the Bitcoins. You can get interest on USD judgments in similar situations, and I don't see why this would be different. You'd simply get the "interest" measured based on Bitcoin's appreciation, rather than the standard interest rate.

That's not a commentary on this specific case. I haven't examined the various TOS provisions. But generally speaking, I think the above would be the worst-case (for consumers) default scenario.
newbie
Activity: 55
Merit: 0
In case you aren't familiar with the Wayback Machine, it may be useful to view the old ToS:

https://web.archive.org/web/*/https://hashfast.com/checkout/terms-of-sale/


Unfortunately, the first snapshot it has is from the 1st of November.
The most interesting changes happaned in August / September.

We need to rely on snapsohts saved by individuals,
and on the versions enclosed in order confirmation emails.
newbie
Activity: 54
Merit: 0
In case you aren't familiar with the Wayback Machine, it may be useful to view the old ToS:

https://web.archive.org/web/*/https://hashfast.com/checkout/terms-of-sale/
staff
Activity: 4284
Merit: 8808
E.g.

Now since the only payment option is in BTC Will I get the same ammount of BTC back should you fail to deliver by December 31st?
Orders are taken in BTC, in the unlikely event we get to refunds they will be given in BTC.

and

Quote
Received: by 10.194.138.199 with SMTP id qs7csp90853wjb;
        Fri, 16 Aug 2013 16:38:36 -0700 (PDT)
X-Received: by 10.236.45.102 with SMTP id o66mr196684yhb.13.1376696316262;
        Fri, 16 Aug 2013 16:38:36 -0700 (PDT)
Return-Path: <[email protected]>

Hi Jim,
Thank you so much for your patience while I got the answer for you, I greatly appreciate it.

The answer is if you buy Baby Jet for 51 BitCoins today and it does not ship, you will be refunded the 51 BitCoins you paid.

I hope that helps and hope you have a good weekend!

Thanks,
Cara

In addition to the invoices in BTC that people received with the full refund text, which was only revised months after the sale to indicate that refunds would be of the USD amount at the time of the purchase.
sr. member
Activity: 462
Merit: 250
a few customers said that HF stated to them that they would actually get the same btc that they paid if refunded...  if that is in writing somewhere perhaps that could be enforced in court but who knows...  contract law and how shoddy HF is will make it all a crap shoot if it even gets that far




sr. member
Activity: 408
Merit: 250
A very obtuse reading of the law.

The key part is that a refund is required.  Using FINCEN's guidance, Bitcoin is currency.  It is therefore reasonable to demand payment of the refund in the currency that was tendered.

Not obtuse at all.

USD are legal tender for all debts public and private.

The Baby Jets were priced in USD and the delivery date was unknown but to be performed on best efforts basis and the future exchange rate of BTC is irrelevant to the contract unless there was a specific term that shifted it somehow like a put or call contract.

Consequently, the FinCEN guidance and your reasoning from it is also flawed. Additionally, just look to the UCC to see how foreign currency payments are treated (3-107 or 4-214).

If HF delivers Batch 1 Baby Jets in January then I think it will be very difficult to prove HF has not made best efforts relative to common industry practices to get the merchandise delivered.

I thought it was in the TOS that refunds were to be in USD at the price of the Baby Jets or in BTC at the amount paid and at the discretion of the customer so long as there were enough other people on the wait list so there would not be unsold Baby Jets. But I am not aware of any screenshots or prints of the TOS so that returns the BTC exchange rate issue to irrelevance.

Consequently, I think it will be very difficult to find an attorney to take this case and even more difficult to find one to take it on contingency because you will likely lose.

Wow... someone who actually understands the legal system and contract law on Bitcointalk... and posts?  It's a banner day here in Custom Hardware land!  Ya'll should listen to him, he apparently has a firm grasp on reality.


Oh, really?? Are you a lawyer or have become an HF shill?? You seem to be equally clueless of any legal shit as well. Why don't you just go back to the hole from where you delayed products for 6 months and constantly misled people. That's probably a better "firm grasp on reality."
As I said before, "tender" o no "tender" shit does nothing from a currency validity standpoint per as the latest FinCEN guidance:

https://bitcointalksearch.org/topic/m.4215273

This guidance was provided by the FinCEN a bit over "two weeks" ago, BTW if that magic time period resonates ;-)
sr. member
Activity: 490
Merit: 255

I thought it was in the TOS that refunds were to be in USD at the price of the Baby Jets or in BTC at the amount paid and at the discretion of the customer so long as there were enough other people on the wait list so there would not be unsold Baby Jets. But I am not aware of any screenshots or prints of the TOS so that returns the BTC exchange rate issue to irrelevance.

Consequently, I think it will be very difficult to find an attorney to take this case and even more difficult to find one to take it on contingency because you will likely lose.

Hey Sunnakar -

The USD exchange rate wasn't listed in the TOS at the time of sale... however my receipt had the following text on it.

Quote
Your order is expected to ship between October 20 and October 30, 2013.  Physical delivery of your order will take place within days, depending on the shipment method selected.  HashFast guarantees that all "Baby Jet" units from our first production batch will be delivered by December 31, 2013.  If Buyer ordered one or more Baby Jet units, and HashFast does not deliver such units by that date, then Buyer may at his or her discretion, cancel the undelivered portion and HashFast will issue a full refund the payment for the units that Buyer purchased but did not receive and cancelled.   This cancellation and refund is Buyer's sole and exclusive remedy for HashFast failing to deliver by the December 31, 2013 guaranteed delivery date.  Buyer must cancel the order and request a refund by January 15, 2014 to avail him or herself of this remedy. Buyer to pay all taxes, duties and shipping costs on units delivered.

"full refund the payment" ... the payment was a BTC payment.
legendary
Activity: 1904
Merit: 1007
A very obtuse reading of the law.

The key part is that a refund is required.  Using FINCEN's guidance, Bitcoin is currency.  It is therefore reasonable to demand payment of the refund in the currency that was tendered.

Not obtuse at all.

USD are legal tender for all debts public and private.

The Baby Jets were priced in USD and the delivery date was unknown but to be performed on best efforts basis and the future exchange rate of BTC is irrelevant to the contract unless there was a specific term that shifted it somehow like a put or call contract.

Consequently, the FinCEN guidance and your reasoning from it is also flawed. Additionally, just look to the UCC to see how foreign currency payments are treated (3-107 or 4-214).

If HF delivers Batch 1 Baby Jets in January then I think it will be very difficult to prove HF has not made best efforts relative to common industry practices to get the merchandise delivered.

I thought it was in the TOS that refunds were to be in USD at the price of the Baby Jets or in BTC at the amount paid and at the discretion of the customer so long as there were enough other people on the wait list so there would not be unsold Baby Jets. But I am not aware of any screenshots or prints of the TOS so that returns the BTC exchange rate issue to irrelevance.

Consequently, I think it will be very difficult to find an attorney to take this case and even more difficult to find one to take it on contingency because you will likely lose.

Wow... someone who actually understands the legal system and contract law on Bitcointalk... and posts?  It's a banner day here in Custom Hardware land!  Ya'll should listen to him, he apparently has a firm grasp on reality.


And you will honor your lost bets when?
legendary
Activity: 1512
Merit: 1000
You might start by sending a registered letter.  I don't see why you would expect them to even acknowledge your posting here.

I think you have a case based on the terms of sale I have seen posted, and the precedent of the ruling against Coinlabs requiring fulfillment in BTC.  But are you ready to file a suit to enforce your claim?

This is the single most important step.  IIRC the ToS stated that all official communication, post purchase, between customer and HF needs to be done in this capacity.

It's absolutely astonishing how many people either did not read the ToS they agreed to, or failed to have it reviewed by proper council.
sr. member
Activity: 408
Merit: 250

I thought it was in the TOS that refunds were to be in USD at the price of the Baby Jets or in BTC at the amount paid and at the discretion of the customer so long as there were enough other people on the wait list so there would not be unsold Baby Jets. But I am not aware of any screenshots or prints of the TOS so that returns the BTC exchange rate issue to irrelevance.

Consequently, I think it will be very difficult to find an attorney to take this case and even more difficult to find one to take it on contingency because you will likely lose.

Are you a HF shill??  You sound like having a loser mindset otherwise.. Anyhow, don't think. READ the TOS: NO USD exchange and no "subject to people wait list" bullshit either.
Pages:
Jump to: