Well let's flip the possibilities.. and then add in a dash of reasoning..
If someone paid ~2.5 BTC to buy a Jalapeno right now.. and then 3 months from now BTC plunges to 5$ a BTC again.. Would that customer.. or YOU.. be DEMANDING that you get your 2.5BTC back? You think if BFL forced the 2.5BTC on you when that only added up to ~$12.50, that that would be ok?
If they are selling it for BTC, and I paid for it in BTC, and then I asked for a refund and I got the refund in BTC, what possible cause could I have to complain?
BTC is supposed to be a currency. What the company does with that currency after I give it to them is their problem. If they offer to accept it, until they deliver they have a forex risk that they should probably hedge.
Let's look at the truths though. When they charged people in BTC.. they were NOT charging people for direct BTC. The site had USD prices listed as the main price.. bolded. Below that they had an amount that added up to however many bitcoins that amount in USD costs. The sale was in USD.
So everyone should print a bold price in Zimbabwean dollars and just refund people with those, no matter which currency they paid in originally?
If you wanted to pay in Canadian dollars, or pesos, and if they allowed it, they would have sent you the bill in USD along with an amount in pesos.. or Canadian dollars that equaled the USD price.
When I buy alpaca from Peru on Amazon for USD, I pay USD. The company probably converts that money to Nuevos Sol, but if they refund my money, they will send me USD (no matter what the current exchange rate is, they were holding my dollars, when I want them back, I want the same number of dollars back).
If the payments never had USD listed, or the website was not advertising in USD, I could see the confusion, and the complaint but they were. Plain and simple. What you chose to take out of that other than, "This US based company, who buys things with US dollars, who was invested in with US dollars, is selling a product for US dollars" is your own fault.
They accepted BTC, they should refund in BTC, not Zimbabwean dollars or US dollars, or Hong Kong dollars, or any other currency that just happens to have a really favorable exchange rate. If they did not properly hedge their exchange rate risk, that is their problem, not their customers.
What about all the online retailers taking bitcoin as payment. Do you mean to tell me if they offer returns (say 30 day for electronics) that I can get my product, but have 30 day insurance that if bitcoin goes WAY up in price I can force a return, and get bitcoins that are worth twice the amount?
Yes. If you hold the BTC, you can refund the BTC. If they get the product back, they get the BTC back. Do you think Sony refunds you less USD when the Yen falls because they price their TV somewhere on a website in Yen?
...can no one see the logic in this? Can no one see the MAJOR scams that would come out of this being a common practice? If the price of bitcoins tanked like my example at the top of this post, and butterfly labs was offering refunds back in BTC worth 1/20th the cost they originally were worth, EVERYONE would be calling that a scam, and so would I.
If a european customer paid US$100 and then USD tanked and they asked for a refund and the company refunded their US$100, why would they complain? 100 USD in 100 USD out.
As far as Bitpay, that is BFL subcontracting out the actual exchange. It is just like using Paypal, or Mastercard, or Visa.
If I sent Paypal US$1000 to buy a TV direct from Sony. Then Paypal sends 80000 Yen to Sony (because they want to let Paypal handle the currency exchange) for my TV. When I ask Paypal for a refund 44 days later, will I get Yen or Dollars back? Will I get the same number of dollars I sent back? Or will it depend on the current exchange rate?