What I found interesting in this case is the heavy references to the term "In stock" on the website. I guess terminology matters.
As interesting IMO on a much larger scale than just HF was this part. Essentially this should serve as pretty good notice to current manufactures that refusing to refunds to a customer that wishes to cancel there order is a violation of the law (in this case Cal but you can bet most if not all states have similar laws). There is a reason that using pre-order customer funding for start ups is only done in the back streets of the BTC community. Hell even kick starter got fucked to many times and now all they allow are "donations", ever wonder why that is? It's for legal liability issues, the only way to get out of them and still have customers fund start ups is to have the customers agree to "donate" the money and IF you eventually get something in return good for you, if not well good for you as well.
I don't care about NRE or buying supplies to make product and neither does the law, there is a relationship between the consumer and the business, each of those parties assume certain risk, this doesn't get changed because there bitcoin miners or it's new technology, the laws of consumer retail dont fucking change.
BTC needs this stuff to shake the fuck out if you all want big business money to roll in and BTC value to skyrocket. The real world doesn't operate like this and won't tolerate it forever.
THIRD CLAIM FOR RELIEF
(Violation of Cal. Bus. & Prof. Code §17200, et seq.)
57. Morici realleges and incorporates by reference all preceding paragraphs of the
Complaint.
58. The acts and practices of HashFast as alleged herein constitute unlawful business
acts and practices within the meaning of Cal. Bus. & Prof. Code §§ 17200, et seq. HashFast has
engaged in unlawful business acts and practices as alleged above, but in particular by their
violation of Cal. Civ. Code § 1723, which requires merchants to “conspicuously” display any
no-refund policies, and to provide refunds to customers who attempt to return goods within 30
days of purchase. HashFast has engaged in unfair business practices as alleged above, but in
particular by failing to provide Morici with the option to consent to a delayed shipping date or
cancel his order, in violation of 16 C.F.R. § 435.2. Further, HashFast has engaged in unfair
business practices as alleged above, but in particular by inducing Mr. Morici to purchase
HashFast’s products by making inaccurate representations regarding delivery times and failing
to follow the aforementioned laws governing Mr. Morici’s cancellation and refund rights.
59. HashFast’s actions have caused Morici damage.
60. HashFast has been unjustly enriched and should be required to make restitution
to Morici pursuant to Cal. Bus. & Prof. Code § 1723.