BFL did not state, "The money you are sending us is an INVESTMENT, with risk." Thus, it is a "product", and a "product that accepted USD or paypal or cc agreements". Those agreements, even when it clearly states, "no refunds", are the final word in any legal court. To even accept paypal, or a cc, you AGREE as a recipient of funds.... to offer a "reasonable return policy", and "adhere to all US laws". Which includes "returns", and deals with, "failure to deliver in a reasonable time", and also deals with what must be said if it is "a high-risk investment", as opposed to a "sale of an item".
There are also laws about "selling things you do not own", under the false pretense of, "ownership". (Thus, presales of un-owned property, which demands retainers for accounts, before you can accept any level of income from a "sale" of the "presale". EG, you can only oversell a certain amount, and must maintain enough within an account to refund or return a certain amount, in the event of failure or legal litigation.)
There is also the issue of accepting a valued trade, without reporting the value of the trade, or records of the trades, to be used for an exchange of goods or services. (Reporting BTC-value-earnings, which is done quarterly for a business, to be taxed as income.)
However, all is not lost... The price of BTC will rise again, once the "easy miners" have gotten enough debt, and can no longer settle for less. Eg, once they are no longer willing to accept less USD for the BTC they have earned. But they can still make money selling as low as $10 so don't expect the price to stop dropping at $50... They want that money more than you, even at $10-$20, per BTC. They can afford it, they make the machines that you are paying for, and taking your earnings before you can ever earn them, to cash those in too.
As if you didn't see this coming. Denial is a bitch! Join AA (Asics Anonymous)
I recall seeing a thread on BFL forums where someone stated that if you have a unfulfilled order for more than 1 year (365 days) that you then legally become an investor.
If this is the case, then there are already several investors out there in from the very first orders. Investors are supposed to get compensation of some kind. (no I am not joking)