Alpha is still lying to their customers
"This is not the case, our terms clearly present our shipping dates as targets and not guarantees. We are of course as regretful of this delay as you are as such we are trying to do whatever we can afford to do to make up for it and at the moment it looks like loyalty bonus payments is the best way."
https://forum.alpha-t.net/index.php?topic=1003.75but:
"Shipping Booked shipments will be delivered within Q2/Q3 of Year 2014. Live updates shall be provided on exact shipping date. Shipping is worldwide."
http://www.abunchacrap.com/Alpha01052014/AlphaTerms010520141.htmlNo word of beeing a "target". As stated in their T&C Alphanoobs even provided this exact shipping date with their update on 20th June:
https://alpha-t.net/news/viper-update-20062014/"We will also be releasing a full guide on how to use the miners both with the WebGUI and without it before shipment (which will begin somewhere from the 15th-31st of July). "
Of course it's bullshit. those are good sources.
He also referred to September in a coindesk article
http://www.coindesk.com/alpha-technology-blames-paypal-dispute-bitcoin-asic-delivery-delay/"Speaking to CoinDesk, Akram said that the company had the necessary funds to ship all the hardware its customers had ordered, and that its initial terms of sale stated products might not ship until the end of Q3 (September)"
and in an update that went out via e-mail and on their site
https://alpha-t.net/news/development-update-28072014/"In the interest of there being no confusion, July while it was our genuine expectation, is not mentioned in our terms. As a result of this we have decided to announce shipping to be September as per our terms"
They've missed their date(s). The promised July and missed that. The hard date was September as per their own update and they've missed that also. They can argue it but it's going nowhere, as their own words today contradict their own words yesterday.
None of that about delivery dates changes the basic premise, however, that they are in violation of consumer laws. The DSR does apply, whether they'd like it to or not, and that really is the end of it. They can try that BS about B2B sales to try to say that consumers are not consumers, but they never said that ahead of time which is, in itself, seemingly a material omission of fact and therefore in violation of yet another law which prohibits just such an action.
hell common sense says you can't do something like that after the fact. that they are obviously doing it to try to strip consumers of their rights won't likely play well with the courts either.
anyone that wants their money back has a clear shot, IMO. I'm not saying it will be easy and that there won't be pushback, but the facts and the law seem to be squarely on the side of the consumer on this and I think they well know it.