True, but as a community we should be making sure assemblers like Burnin are looked after. Not only as a thank you for the amount of work he's done, but also from the point of view that if assemblers lose money there is no incentive to do it, meaning they won't, thus killing the DIY boards market completely.
I hate to break it to you, but him developing and building a board, is
not charity. Customers paid, so it is just regular old
business. There is absolutely no need to 'look after' the person you made a business deal with.
As much as I sympathise with the board builders, burnin took his own risk in developing a board for Avalon chips, and taking pre-orders dependant on pre-ordered hardware. It is not right that all this risk is fully offloaded to his customer base, and I'm quite sure what he offers is unlawful in the EU. You can't deliver nothing and still take a part of the money for yourself (be it in fiat or electrical components). I am quite (90%) sure that falls under the label
entrepreneurial risk, at least here in the EU.
to get technical he could in fact sue YOU as you implicitly agreed to send him Avalon chips so that he can complete your boards. By not sending the chips you have broken the agreement/contract & thus probably have little legal recourse.
Notwithstanding this point, I maintain that it is in everyone's best interest to work something out as amicably as possible & the level of venom on this thread is getting out of hand.
The first thing to do is approach Avalon officially (as Zefir says he has now done) and see what they are willing to do to make this right. Flaming group buy organizers and board makers only encourages infighting which will get us collectively nowhere. First things first.
What bullshit - he isn`t paying me for that business & you have no idea from EU laws I think. This was NO B2B business at all - private clients are protected here, specially in Germany it`s double hard.
I am for sure Paypal too see that different like you from buyers view. They give buyers protection and if someone can steal some BTC via Paypal (getting refund after transaction) then this should be not that point of this deal at all.
Well, no doubt unlike you I actually majored in fair trade law & also studied contract law. So no, it's not bullshit. Buyer protection doesn't help you here because you failed to send chips. It's not a "hey, I changed my mind so give me a refund after you already made it" miracle refund clause, it is designed to protect people who received a product which was not fit for the purpose intended. In this case, it does what it's supposed to perfectly when you back up your end by supplying the chips.
All you can possibly expect to get back is (and this is best case scenario)
1. a massive legal bill
2. a small refund for labour as Burnin wasn't required to actually put chips on the boards.
3. a bunch of PCBs or whatever you actually ordered but w/out chips.
because:
You asked him to do a job. He has done that job. You cannot ask for a refund
after that job has been done. He was unable to place chips on that board due to
you not sending chips. You are entitled to exactly what Burnin himself wrote here:
For everyone that seeks trouble:
You ordered a board, you'll get a board.
if you fail to provide Avalon chips it will be missing those, have fun with it.
If I were you though, I'd calm down. Stress kills & we have no idea what Bitsyncom will even offer us in the way of restitution. That is the first step.
