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Author Topic: Re: Black Arrow 28nm 100Ghash Bitcoin ASIC from $0.49/GH/s  (Read 96767 times)
Bitcz@outlook.com
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September 12, 2014, 04:52:44 PM
 #2101

this is a transcript of my last conversation with Black arrow over on their forum PM system

I complained about them deleting my posts and it went on for a while......

I'm not sure how this is going to look format wise, but im posting from a word doc i've been copying stuff into.. so it might be a bit wonky and there's post quotes so some places its duplicated... but you'll get the drift.






If you do not want people to complain, dont give them things to complain about!
 
As i explained to david, i'm taking you guys down. You stole money from me. period.
 
I am arranging a class action against you and my objective is to stop you from doing this again to anyone else.
 
i've cross posted to another site, so they will see, and the wider community will see.
 
I have 16 years IT infrastructure experience, and manage projects over $400 million and i have never ever in my life come across a bunch of amateurs like you. to my shame i was taken in by your promises, but the delays are unacceptable now .
 
I've asked, like others for a refund, and you illegally withhold the funds against China's laws!
 
Well now you are going to find out what its like on the other side, expect to hear from my Lawyers   
 
I hope you enjoy living in interesting times
blackarrow
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Sent 07 September 2014 - 12:50 PM
Dear Bitcz,
 
If you are our customer, please let me know what your order number is so I can try to help you.
 
Regards!
bitcz
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Sent 08 September 2014 - 10:14 AM
My Order number is #2468
 
If your going to process a refund, explain how your going to do this
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Sent 08 September 2014 - 05:20 PM
Dear Customer,
 
A refund is unavailable due to lack of funds.
We have not stole your money and we have followed the agreed contract.
I can try to ship your order soon (after the PSUs are fixed) if you agree to stop this crusade. Please let me know if you agree.
 
Regards!












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Sent 09 September 2014 - 07:11 AM
No.
Refund on your own or I will obtain via courts. You have no other options now. Refind me fiat or refund me in btc.
I have 102 others customers details and each day I get another 20 or so.. by end of this wekk I will have enough to start. this is just under 1 million usd.... so next step is to pass to my lawyers and let them start contacting the customers and getting the details they need... once they have sufficient grounds to lodge the case.. your done for.
bitcz
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Sent 09 September 2014 - 05:13 PM
http://www.cryptocoi...nts/#post-42223
 
So... how long before this brings a surge of new people to my 'crusade' as you put it ?
 
I think your outgunned, outmassed, out of luck and very soon... out of time
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Sent 10 September 2014 - 07:08 AM
If only you could see the spreadsheet ive made to capture all the customers who have contacted me... it makes for easy reading..very informative.. I can even make geo pivot tables to show the courts how many countries are involved. My lawyers are really going to be happy with this as its just made their jobs 1000% easier... such is the power of the internet... bringing the world together

 
Have a nice day
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Sent Today, 12:41 PM
So,
 
no reply, no action, pretty much what i expected
 
I am sending my data to the lawyers by end of today 17:30 to be precise. Once they have it, they will proceed and act upon it 
Once i do however, it will be purely down to them to force you in court to refund me my money, as well as the others who have joined the battle against you.
 
Please do not think this is an idle threat   you have limited time now ... in fact it's the last chance you have today to make amends... that stands currently at about 900k USD.. im sure thats going to wipe you out as you have no money in the bank so you'll have to liquidate some BTC to do that... oh.. thats right, Chinese law says you can't process BTC in country so this means you'll have to close down... unles you break the law by processing BTC in china   then your up for double trouble not only for breaking the law, but also the wallet will show transactions which everyone else will see and cause further trouble for you.... i wonder how quickly you can respond when the police arrive at your doors to shut you down.
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Sent Today, 01:07 PM
Dear Customer,
 
Would you like to cancel your order? If yes, we can prepare a form and send it to you to sign.
 
Regards!
 
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Sent Today, 01:13 PM
blackarrow, on 12 Sept 2014 - 1:07 PM, said:
Dear Customer,
 
Would you like to cancel your order? If yes, we can prepare a form and send it to you to sign.
 
Regards!
 


I would like to cancel my order and get a full refund yes !!!


blackarrow


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Sent Today, 01:22 PM
Have you read the terms and conditions?
 
blackarrow
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Sent Today, 01:26 PM
If English is not your native language, please let me know in what language you need this translated so you can understand:
 
11.3 The Purchaser understands and agrees that we will use his payment in order to purchase the necessary materials or pay workmanship required to fulfill his pre-order which will be non-refundable if cancelled. For this reason, the purchaser hereby gives us the right and agrees with our decision to decline any requests from him or third parties to cancel his pre-order.
9.1 The Products are delivered to the delivery address specified by the Purchaser, unless otherwise agreed. The delivery date is provided for information purposes only and shall not be binding on Us. The Purchaser is not entitled to refuse acceptance of the Products, withdraw, cancel or revoke the order or make claims for compensation due to any delayed delivery.
 
 








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Sent Today, 03:01 PM
your terms and conditions do not supersede Chinese law.
 
 
http://www.china-bri...ection-law.html
 
 
Retailers are now required to accept goods for return within 7 days of purchase unless agreed otherwise;   - I have not received goods....
 
For online and other types of delivery purchases, consumers are not required to provide a reason for returns - I have stated my reason which are plain and evident as you have not lived up to your end of the expected delivery date. any court will find i have been more than accommodating
 
Greater restrictions now apply to retailers’ collection and use of consumer data. - you have release personal information to a 3rd party without my consent, or you did not safe guard my details when the information was stolen.. which ever you decide to use when countering.
 
also
 
http://www.lehmanlaw...protection.html
 
You may also choose any of these legal laws in China and read through them, these are what my case against you will be based upon.
 
So please, test me   or refund me, there are only two options at this stage.
you now have 2.5 hours remaining to refund my money
 
bitcz










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Sent Today, 03:11 PM
currently you owe me:
 
 
USD 12,003.30 or 25.43 BTC
 
- $50 dollars to cover your stated admin fee
 
USD 11953.30 or  25.33 BTC
 
So either one is fine BTC or FIAT
 
2.4 hours until i submit data to lawyers
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Sent Today, 03:13 PM
Dear Customer,
 
Your order was placed and paid months ago. You have been given all the time required to change your mind.
If you proceed with the cancellation, we can accept your already manufactured miner as a gift to us but no refund will be issued.
 
Regards!





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Sent Today, 03:14 PM
Dear Customer,
 
Your order was placed and paid months ago. You have been given all the time required to change your mind.
If you proceed with the cancellation, we can accept your already manufactured miner as a gift to us but no refund will be issued.
 
Regards!
 
blackarrow
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Sent Today, 03:15 PM
bitcz, on 12 Sept 2014 - 3:11 PM, said:
currently you owe me:
 
 
USD 12,003.30 or 25.43 BTC
 
- $50 dollars to cover your stated admin fee
 
USD 11953.30 or  25.33 BTC
 
So either one is fine BTC or FIAT
 
2.4 hours until i submit data to lawyers
 
Correction: Currently we you a miner. If you cancel your order, we will owe you nothing.
You have agreed that no refund will be available in the terms and conditions.
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bitcz
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Sent Today, 03:28 PM
blackarrow, on 12 Sept 2014 - 3:15 PM, said:
 
bitcz, on 12 Sept 2014 - 3:11 PM, said:
currently you owe me:
 
 
USD 12,003.30 or 25.43 BTC
 
- $50 dollars to cover your stated admin fee
 
USD 11953.30 or  25.33 BTC
 
So either one is fine BTC or FIAT
 
2.4 hours until i submit data to lawyers
 
Correction: Currently we you a miner. If you cancel your order, we will owe you nothing.
You have agreed that no refund will be available in the terms and conditions.
 



 
Under Chinese law you cannot sell something and then not deliver. in fact, international law states the same
You have not delivered the miner that i ordered 04 Dec 2013 in fact on your website.. the description has changed since i ordered.... it also states in stock.. clearly not as then people would be getting them whole sale not in dribs and drabs
 
you cannot avoid the painful truth
 
you failed to deliver the goods when i ordered them they were slated for delivery in Feb 2014
http://web.archive.o...ospero-x-3.html
 
you changes to the T & C's after i purchased the goods therefore you new terms and conditions do not apply to me as i did not accept them
bitcz
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Sent Today, 03:29 PM
you now have 2 hours
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Sent Today, 03:33 PM
do you see what's happening here?
 
you wriggle and writhe to get off the hook, but all your doing is wasting your time.
I've paid for a lawyer, so i have nothing to loose... if it costs me £3000 to put you in court... i still get back more than if i let you string me along for the next few months and then some and i put you out of business and force you to close shop.
 
ever been to prison?
 
Chinese law also states anyone who willingly knew of the scam is also guilty... this means anyone who's replied to the forums, all the engineers, the staff and logistics people... maybe even some of your suppliers... who knows...











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Sent Today, 03:41 PM
bitcz, on 12 Sept 2014 - 3:28 PM, said:
 
blackarrow, on 12 Sept 2014 - 3:15 PM, said:
 
bitcz, on 12 Sept 2014 - 3:11 PM, said:
currently you owe me:
 
 
USD 12,003.30 or 25.43 BTC
 
- $50 dollars to cover your stated admin fee
 
USD 11953.30 or  25.33 BTC
 
So either one is fine BTC or FIAT
 
2.4 hours until i submit data to lawyers
 
Correction: Currently we you a miner. If you cancel your order, we will owe you nothing.
You have agreed that no refund will be available in the terms and conditions.
 
 
Under Chinese law you cannot sell something and then not deliver. in fact, international law states the same
You have not delivered the miner that i ordered 04 Dec 2013 in fact on your website.. the description has changed since i ordered.... it also states in stock.. clearly not as then people would be getting them whole sale not in dribs and drabs
 
you cannot avoid the painful truth
 
you failed to deliver the goods when i ordered them they were slated for delivery in Feb 2014
http://web.archive.o...ospero-x-3.html
 
you changes to the T & C's after i purchased the goods therefore you new terms and conditions do not apply to me as i did not accept them
 
 
 
We disagree with your opinion and we believe that our contract will be upheld by any court of law. In order to avoid wasted time on both sides, we ask you to wait few more days until we get the answer from CE for the power supplies and we'll ship your order.
 
We have not  changed the terms and conditions since we opened our store. They were always the same and we have daily backups of the server to prove it.
 
If you take us to court and we win, we will not send you any compensation and we will no longer offer you any exchange for ASICs for your miner as none of these are agreed options in our contract.
 
Should you win the case, there will be no money to get from us as we have none.
 
If you don't want your miner, we think that your best bet is to sell it on eBay.
 
We wish you the best of luck in your endeavor.
 
Regards!
 
bitcz
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Sent Today, 03:43 PM
Law of the People's Republic of China on Protection of the Rights and Interests of the Consumers - 1994
 
 
Chapter III Obligations of the Operators
 
Article 16
The operators shall, in providing the consumers with commodities or services, fulfill their obligations in accordance with the provisions of the Product Quality Law of the People's Republic of China and other relevant laws and regulations.
Where there is an agreement between the consumer and the operator, obligations shall be fulfilled according to the agreement, but the agreement of two parties may not violate the provisions of laws and regulations.
 
- chinese law wins
 
 
Article 19
The operators shall provide true to fact information about commodities or services to the consumers and may not make misleading false publicity.
The operators shall make true to fact and clear answers on inquiry of the consumers on the quality and utilization method of the commodities or services provided.
 
- you failed to advise, or communicate when asked by the consumer base
 
 
Article 24
The operators may not make unfair or unreasonable regulations against the consumers in such forms as form contract, notice, statement or shop poster, or diminish or waive their due civil responsibility for infringing the consumers' lawful rights and interests.
 
- chinese law wins again... your recent T&C is not binding to me and you are obliged to refund
 
 
 
bitcz
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Sent Today, 03:49 PM
i don't care about the PSU
I don't care to wait either, but i will wait until 17:30 GMT as that was what i promised... and i keep my promise
 
if i send a copy of this to my lawyer as well, they will then also ask the court to accelerate the case to cater for the fact that you are now trying to coerce me into accepting a situation that should not be.
 
I will urge the lawyers to seek immediate injunction against you enforced by law and force to enter your property and shut you down.
i don't care if your shut down, but i can assure you everything will be seized and sold off
 
 
bitcz
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Sent Today, 03:58 PM
blackarrow, on 12 Sept 2014 - 3:41 PM, said:
 
bitcz, on 12 Sept 2014 - 3:28 PM, said:
 
blackarrow, on 12 Sept 2014 - 3:15 PM, said:
 
bitcz, on 12 Sept 2014 - 3:11 PM, said:
currently you owe me:
 
 
USD 12,003.30 or 25.43 BTC
 
- $50 dollars to cover your stated admin fee
 
USD 11953.30 or  25.33 BTC
 
So either one is fine BTC or FIAT
 
2.4 hours until i submit data to lawyers
 
Correction: Currently we you a miner. If you cancel your order, we will owe you nothing.
You have agreed that no refund will be available in the terms and conditions.
 
 
Under Chinese law you cannot sell something and then not deliver. in fact, international law states the same
You have not delivered the miner that i ordered 04 Dec 2013 in fact on your website.. the description has changed since i ordered.... it also states in stock.. clearly not as then people would be getting them whole sale not in dribs and drabs
 
you cannot avoid the painful truth
 
you failed to deliver the goods when i ordered them they were slated for delivery in Feb 2014
http://web.archive.o...ospero-x-3.html
 
you changes to the T & C's after i purchased the goods therefore you new terms and conditions do not apply to me as i did not accept them
 
 
 
We disagree with your opinion and we believe that our contract will be upheld by any court of law. In order to avoid wasted time on both sides, we ask you to wait few more days until we get the answer from CE for the power supplies and we'll ship your order.
 
We have not  changed the terms and conditions since we opened our store. They were always the same and we have daily backups of the server to prove it.
 
If you take us to court and we win, we will not send you any compensation and we will no longer offer you any exchange for ASICs for your miner as none of these are agreed options in our contract.
 
Should you win the case, there will be no money to get from us as we have none.
 
If you don't want your miner, we think that your best bet is to sell it on eBay.
 
We wish you the best of luck in your endeavor.
 
Regards!
 
 
Wow.. i cannot believe you actually do not see the changes.
On your main x-3 sales page.. you have updated it with:
 
>>>> We are still manufacturing this item, it will not be shipped immediately <<<<
NEW, NON-REFUNDABLE
even though it states in stock.
 
Which... is different to the one i ordered from as the web cache proves it as it stated delivery in feb 2014.
 
 
anyone with a gram of sense wouldn't touch a product that says non-refundable and says we're still manufacturing.
Good luck with defending that one. But thanks, that just adds more weight to my case 
blackarrow
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Sent Today, 04:05 PM
We have never made false publicity nor provided false information. The date supplied was based on our best estimation at that time. We believe that we have informed you very clearly that this is a pre-order, the date is for information purposes only and we will be spending your money to make your order and no refund will be issued. You have read, agreed and signed the contract.
 
Quote
11.3 The Purchaser understands and agrees that we will use his payment in order to purchase the necessary materials or pay workmanship required to fulfill his pre-order which will be non-refundable if cancelled. For this reason, the purchaser hereby gives us the right and agrees with our decision to decline any requests from him or third parties to cancel his pre-order.
 
 
The contract was very reasonable and we have merely passed on the contract conditions from our vendors to the customer. Without these conditions, no Foundry and no ASIC designer would have manufactured a chip for us or for you. No Foundry refunds a wafer already started. No engineer or engineering company will refund you for the work that they have already done if it is up to the specifications. We offered you a reasonable interval to cancel your pre-order, and we have kept the customers updated all the time with our progress.  Due to NDA we cannot quote their exact terms but we assure you that they were more harsh than the terms that we have passed onto our customers: Should we cancel the contract we would have had to pay fines for wasting their time.
 
Unfortunately, problems sometime appear during development and we have informed you that this is possible in the terms and conditions as well:
 
Quote
The delivery date is provided for information purposes only and shall not be binding on Us. The Purchaser is not entitled to refuse acceptance of the Products, withdraw, cancel or revoke the order or make claims for compensation due to any delayed delivery.
 
 
We would have been negligent if we would not have tried to solve them. Not only that we solved the problems but we have done everything humanly possible to deliver the products as fast as possible, we put in an enormous amount of extra hours during week and weekends. Without this effort you wouldn't have had a miner to receive not even today.
 
 
More than this, you are looking at laws made for goods already in stock, not for pre-orders. We would kindly ask to do a better research on legislation and look for the laws drawn for goods made to order.
 
 
 
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blackarrow
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Sent Today, 04:08 PM
Quote
 
Wow.. i cannot believe you actually do not see the changes.
On your main x-3 sales page.. you have updated it with:
 
>>>> We are still manufacturing this item, it will not be shipped immediately <<<<
NEW, NON-REFUNDABLE
even though it states in stock.
 
Which... is different to the one i ordered from as the web cache proves it as it stated delivery in feb 2014.
 
 
anyone with a gram of sense wouldn't touch a product that says non-refundable and says we're still manufacturing.
Good luck with defending that one. But thanks, that just adds more weight to my case 
 
 
 
 
 
 
 
This page is not "terms and conditions". This is a page made for sale of this product and only applies to you if you place a new order.
 
The terms and conditions are here: http://www.blackarro...tore/legal.html. This page was never changed. If it would have been changed the terms and condition published on the date of order would have applied. However, you do not need to worry about that as it has never been changed.
 
 
 
 
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bitcz
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Sent Today, 04:13 PM
blackarrow, on 12 Sept 2014 - 4:05 PM, said:
We have never made false publicity nor provided false information. The date supplied was based on our best estimation at that time. We believe that we have informed you very clearly that this is a pre-order, the date is for information purposes only and we will be spending your money to make your order and no refund will be issued. You have read, agreed and signed the contract.
 
Quote
11.3 The Purchaser understands and agrees that we will use his payment in order to purchase the necessary materials or pay workmanship required to fulfill his pre-order which will be non-refundable if cancelled. For this reason, the purchaser hereby gives us the right and agrees with our decision to decline any requests from him or third parties to cancel his pre-order.
 
 
The contract was very reasonable and we have merely passed on the contract conditions from our vendors to the customer. Without these conditions, no Foundry and no ASIC designer would have manufactured a chip for us or for you. No Foundry refunds a wafer already started. No engineer or engineering company will refund you for the work that they have already done if it is up to the specifications. We offered you a reasonable interval to cancel your pre-order, and we have kept the customers updated all the time with our progress.  Due to NDA we cannot quote their exact terms but we assure you that they were more harsh than the terms that we have passed onto our customers: Should we cancel the contract we would have had to pay fines for wasting their time.
 
Unfortunately, problems sometime appear during development and we have informed you that this is possible in the terms and conditions as well:
 
Quote
The delivery date is provided for information purposes only and shall not be binding on Us. The Purchaser is not entitled to refuse acceptance of the Products, withdraw, cancel or revoke the order or make claims for compensation due to any delayed delivery.
 
 
We would have been negligent if we would not have tried to solve them. Not only that we solved the problems but we have done everything humanly possible to deliver the products as fast as possible, we put in an enormous amount of extra hours during week and weekends. Without this effort you wouldn't have had a miner to receive not even today.
 
 
More than this, you are looking at laws made for goods already in stock, not for pre-orders. We would kindly ask to do a better research on legislation and look for the laws drawn for goods made to order.
 
Chinese law makes no distinction between pre-order and in stock goods or services 
 
i ordered from you, not the foundry, not the case manufacturer nor the PSU company, I ordered from you Black Arrow
 
So my sales contract is with you. I paid you money for a device to be delivered in Feb 2014.. i could accept as reasonable 1 or 2 months, even three any court would agree that's more than reasonable...but 7 months !!!!! and still no end in sight?
 
And selling dangerous goods as well... the legal implications on that are pretty clear.. you might get away with " we didn't know they were dangerous" and the court might believe you, but BA as a company... will be closed down by the courts as you are not only scamming and not informing the consumer base when asked for simple bits of information, but also with holding unfairly money in the form of BTC that can be used to refund. that will be lost to the courts.. so i doubt it will see the light of day... but the goods and assets will be stripped and sold to pay your debts.
 
1 hour 15 mins left
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Sent Today, 04:17 PM
its not going away... so don't believe that im just going to give up.
 
You owe me money, i will see it back in my hand by your actions or i will see it back in my hands by the courts actions and a lot of your guys in prison as well most likely.
 
PRC does take a dim view of their international image as a economic power.
What your doing is harming that and they will punish those responsible harshly.
 
is my refund worth that?
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Sent Today, 04:23 PM
bitcz, on 12 Sept 2014 - 4:13 PM, said:
 
Chinese law makes no distinction between pre-order and in stock goods or services 
 
i ordered from you, not the foundry, not the case manufacturer nor the PSU company, I ordered from you Black Arrow
 
So my sales contract is with you. I paid you money for a device to be delivered in Feb 2014.. i could accept as reasonable 1 or 2 months, even three any court would agree that's more than reasonable...but 7 months !!!!! and still no end in sight?
 
And selling dangerous goods as well... the legal implications on that are pretty clear.. you might get away with " we didn't know they were dangerous" and the court might believe you, but BA as a company... will be closed down by the courts as you are not only scamming and not informing the consumer base when asked for simple bits of information, but also with holding unfairly money in the form of BTC that can be used to refund. that will be lost to the courts.. so i doubt it will see the light of day... but the goods and assets will be stripped and sold to pay your debts.
 
1 hour 15 mins left
 




 
Yes, it does make a distinction. If your solicitor informed you that it doesn't do a distinction, you should find a better one as they're only up to get your money.
 
You mention 3000GBP to take us to court. I'm not sure how you got these numbers as an injunction should cost you more than $10 million dollars due to the size of our business.
 
A reasonable delay is as long as it is reasonable. If we went into holiday or started another project it would not have been reasonable. We worked all the time on this project and the delay is fully justified.
 
The delivery is in sight and would have been already completed if not of the problems with the power supplies. If you don't want the PSU we can ship you on Monday.
 
And now you go on with selling dangerous goods which is way offtopic. Here is a link to help you understand what these are: http://lmgtfy.com/?q=dangerous+goods
 
This is my last reply today. Good day.
bitcz
















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Sent Today, 04:28 PM
Here's what will happen...
 
 
What i will be doing is my normal daily life... i will visit a McDonalds when i choose, i will got to a pub with friends, i will come home in the evening and play xbox or watch some TV, and still have money in my pocket and my freedom
 
All i have to do is pay the lawyers... which i can as it's really cheap to do
 
What you will be doing is working long hours looking over your shoulder.. wondering is that knock on the door the police or a delivery or both?
when the knock comes you'll walk to the door with a sense of fear as you need the job to pay for your life over there... there is no comparison between us, so i won't try, but you will wonder when an official puts papers in your hand to search the property with police to take names, and addresses, and maybe take you to police stations to be interviewed is this what Bitcz was warning me about?
Even been in a police cell? i understand its better than a bangkok cell, but not by much.
 
Everything in the office will be tagged and recorded, lawyers will get fat and rich, but ill get my money plus legal fee's reimbursed from the proceeds of the auctions of the stock.
 
You will be out of a job and your colleges will be out of a job and once the witch hunt starts it get serious.
charges are brought against you and anyone who's senior.. then they work their way downwards... to the little guys... and maybe.. just maybe.. the guy who sweeps up at the end of the shifts gets away with just a warning as he locks up an empty office stripped of everything...
 
then a few weeks later, i get a letter from my lawyers telling me the final account, how much i owe them, how much was recovered, we work out and deduct this and that and then say good bye.
 
 
 
blackarrow









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Sent Today, 04:33 PM
bitcz, on 12 Sept 2014 - 4:28 PM, said:
Here's what will happen...
 
 
 
Here is what will really happen:
 
You will pay the solicitors and you'll never see that money back.
 
You will receive your miner in the following days (not because you have paid your solicitor). If you choose not to accept it, we will inform DHL that we don't want it back as it is yours and your refusal means that they can destroy it.
 
The end.
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Sent Today, 04:35 PM
blackarrow, on 12 Sept 2014 - 4:23 PM, said:
 
bitcz, on 12 Sept 2014 - 4:13 PM, said:
 
Chinese law makes no distinction between pre-order and in stock goods or services 
 
i ordered from you, not the foundry, not the case manufacturer nor the PSU company, I ordered from you Black Arrow
 
So my sales contract is with you. I paid you money for a device to be delivered in Feb 2014.. i could accept as reasonable 1 or 2 months, even three any court would agree that's more than reasonable...but 7 months !!!!! and still no end in sight?
 
And selling dangerous goods as well... the legal implications on that are pretty clear.. you might get away with " we didn't know they were dangerous" and the court might believe you, but BA as a company... will be closed down by the courts as you are not only scamming and not informing the consumer base when asked for simple bits of information, but also with holding unfairly money in the form of BTC that can be used to refund. that will be lost to the courts.. so i doubt it will see the light of day... but the goods and assets will be stripped and sold to pay your debts.
 
1 hour 15 mins left
 
 
Yes, it does make a distinction. If your solicitor informed you that it doesn't do a distinction, you should find a better one as they're only up to get your money.
 
You mention 3000GBP to take us to court. I'm not sure how you got these numbers as an injunction should cost you more than $10 million dollars due to the size of our business.
 
A reasonable delay is as long as it is reasonable. If we went into holiday or started another project it would not have been reasonable. We worked all the time on this project and the delay is fully justified.
 
The delivery is in sight and would have been already completed if not of the problems with the power supplies. If you don't want the PSU we can ship you on Monday.
 
And now you go on with selling dangerous goods which is way offtopic. Here is a link to help you understand what these are: http://lmgtfy.com/?q=dangerous+goods
 
This is my last reply today. Good day.
 
 
oh really 
this should be a laugh... your probably talking about our version of public liability insurance which normally covers business for death and injury and wotnot on site or under the companies direction.
 
this doesn't absolve you of wrong doing in the eyes of the law 
You have committed offences against the PRC, so once they are brought to light, nothing i can do will stop it. in the uk i could halt a lawyer right up to the point when they open their mouth and speak to the judge 
 
In PRC courts, laws are less about equality and more about what the PRC wants. Granted they have relaxed over the years and are almost humane... almost.
 
If you ship the units to me they will be rejected
if you deny my rights under the PRC consumer laws you shall be prosecuted.. not just by me, but over 100 others... at the same time...
The consumer council provides us the rights to go after you in a class action status 
 
many of us have already applied and gotten confirmation from them, including myself, that they are investigating you. Ignore them.. please do as it just gives me more to work with.
 
55 minutes








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Sent Today, 04:40 PM
blackarrow, on 12 Sept 2014 - 4:23 PM, said:
 
bitcz, on 12 Sept 2014 - 4:13 PM, said:
 
Chinese law makes no distinction between pre-order and in stock goods or services 
 
i ordered from you, not the foundry, not the case manufacturer nor the PSU company, I ordered from you Black Arrow
 
So my sales contract is with you. I paid you money for a device to be delivered in Feb 2014.. i could accept as reasonable 1 or 2 months, even three any court would agree that's more than reasonable...but 7 months !!!!! and still no end in sight?
 
And selling dangerous goods as well... the legal implications on that are pretty clear.. you might get away with " we didn't know they were dangerous" and the court might believe you, but BA as a company... will be closed down by the courts as you are not only scamming and not informing the consumer base when asked for simple bits of information, but also with holding unfairly money in the form of BTC that can be used to refund. that will be lost to the courts.. so i doubt it will see the light of day... but the goods and assets will be stripped and sold to pay your debts.
 
1 hour 15 mins left
 
 
Yes, it does make a distinction. If your solicitor informed you that it doesn't do a distinction, you should find a better one as they're only up to get your money.
 
You mention 3000GBP to take us to court. I'm not sure how you got these numbers as an injunction should cost you more than $10 million dollars due to the size of our business.
 
A reasonable delay is as long as it is reasonable. If we went into holiday or started another project it would not have been reasonable. We worked all the time on this project and the delay is fully justified.
 
The delivery is in sight and would have been already completed if not of the problems with the power supplies. If you don't want the PSU we can ship you on Monday.
 
And now you go on with selling dangerous goods which is way offtopic. Here is a link to help you understand what these are: http://lmgtfy.com/?q=dangerous+goods
 
This is my last reply today. Good day.
 
 
2000 hkd is 158 GBP per hour
 
i spend 200 an hour on a hooker for a day and a night and consider myself well serviced for my birthday.
 
guess how many hours £3000 buys me with my lawyer Huh?
 
and that's just me 


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Sent Today, 04:40 PM
50 minutes
blackarrow
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Sent Today, 04:41 PM
This conversation is over.
 
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Sent Today, 04:44 PM
ill make it easy for you
 
send me my money in BTC to this address
 
1Ptfqodtgq2Y81fWUQgaNVBysWCpJA8B4p
 
then i stop, i delete my account here, i deleted my account everywhere and you never hear from me again.
I will disappear and not even crow in the forums....
 
fail at this last opportunity and the next few weeks are going to be very very tense for you.. listening for footsteps... squeal of brakes.. is that the police pulling up outside??
 
 
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Sent Today, 04:49 PM
Oh and Alex is in Reading... been some talk about that on the forum... might have to get my local consumer council to look into alex and his address.. maybe get an interview.... if he's not there or its false... the LTD nature of the company is then called into question... more petrol on the fire... courts dissolve the company... but they can only do this once   
 
wonder what the penalty is for falsifying company trading information in PRC ?
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40 minutes
blackarrow
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Sent Today, 04:50 PM
bitcz, on 12 Sept 2014 - 4:49 PM, said:
Oh and Alex is in Reading... been some talk about that on the forum... might have to get my local consumer council to look into alex and his address.. maybe get an interview.... if he's not there or its false... the LTD nature of the company is then called into question... more petrol on the fire... courts dissolve the company... but they can only do this once 
 
wonder what the penalty is for falsifying company trading information in PRC ?
 
We have your address. Maybe Alex will pay you a visit and go to the Police station with you.
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Sent Today, 04:56 PM
If he doesn't pay you a visit, please visit our stand in London: http://insidebitcoins.co.uk/
 

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yes please.. i would love that.., we can both go to the local police station in Bromley or Orpington and sit and have a chat with an office from the serious crimes unit. I am absolutely sure they would enjoy the chat and offer us both a tea 
 
debatable which of us would leave the station though?
 
Naah.. no debate... i would, he might after a period of time... as i gather he's also under a warrant for fraud??? Might be interesting to find out how long it takes them to discover who wants him and why... i'd bet no more than an hour.
 
Want to give him my mobile number?  we can arrange a meet at the station and walk in together as friends....
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Sent Today, 05:03 PM
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blackarrow
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Sent Today, 05:07 PM
bitcz, on 12 Sept 2014 - 5:01 PM, said:
yes please.. i would love that.., we can both go to the local police station in Bromley or Orpington and sit and have a chat with an office from the serious crimes unit. I am absolutely sure they would enjoy the chat and offer us both a tea 
 
debatable which of us would leave the station though?
 
Naah.. no debate... i would, he might after a period of time... as i gather he's also under a warrant for fraud??? Might be interesting to find out how long it takes them to discover who wants him and why... i'd bet no more than an hour.
 
Want to give him my mobile number?  we can arrange a meet at the station and walk in together as friends....
 
Yes, please let me know your mobile number I will forward it to him.
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Sent Today, 05:08 PM
Xxxxxxxxx – Number given but withheld from this post
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Sent Today, 05:09 PM
is he in the uk now ?
cos i'd love to talk 
 
22 minutes left
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Sent Today, 05:13 PM
bitcz, on 12 Sept 2014 - 5:09 PM, said:
is he in the uk now ?
cos i'd love to talk 
 
22 minutes left
 
Not now. He'll be tomorrow.
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Sent Today, 05:16 PM
i look forward to it
 
however 15 minutes and i send the data
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Sent Today, 05:24 PM
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Sent Today, 05:32 PM
Submitted
 
See you in court!!
 
well.. i won't personally ( but wish i could ) but hey... smile... your going to make a very brief historical footnote in the bitcoin history books
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September 12, 2014, 05:08:08 PM
 #2102

Yeah ! Psychotic monkeys ! BA should definetely be turned off ! They have hurted too much people with their scam ! And they want war...
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September 12, 2014, 05:13:24 PM
 #2103

well.. in 11 minutes i submit data to the lawyers....

i've been having a nice conversation with BA on PM on the other forum and they've wriggled and tried to get out of it....

i've been counting down the time till i submit.. must be driving them bonkers... trying to get a resolution.. but they refuse.. as i expected.


The data i have now... will go to the lawyers who will take god knows how long to go over it.... then they will either email listee's individually or maybe if they are smart, put up a web page that you can visit to submit your final data by or they speak to you directly and ask for telephone numbers copies of invoices etc....i just don't know at this stage... it's not like i've been putting a battle plan together Wink

Did you mention Minersource their reseller, a lot of people who purchased a Blackarrow X1 or X3 are waiting for a refund from Minersource for months including me.

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September 12, 2014, 05:28:29 PM
 #2104

well.. in 11 minutes i submit data to the lawyers....

i've been having a nice conversation with BA on PM on the other forum and they've wriggled and tried to get out of it....

i've been counting down the time till i submit.. must be driving them bonkers... trying to get a resolution.. but they refuse.. as i expected.


The data i have now... will go to the lawyers who will take god knows how long to go over it.... then they will either email listee's individually or maybe if they are smart, put up a web page that you can visit to submit your final data by or they speak to you directly and ask for telephone numbers copies of invoices etc....i just don't know at this stage... it's not like i've been putting a battle plan together Wink

Did you mention Minersource their reseller, a lot of people who purchased a Blackarrow X1 or X3 are waiting for a refund from Minersource for months including me.

No, i haven't mentioned MS or Ethos or anyone else except BA directly. The trouble with a law suit is actually pinning in on someone. BA are the root of all with this, so if MS and Ethos have issues with BA they need to deal with that on their own.

In the US, you need to take it up with the local against MS
In the UK i know about and the distance selling regulations protect consumers here against online orders... but i've never had to do this before, but Ethos is a UK LTD company so poor stuart is liable to cop it big time if you go that route.. i know it's not his fault directly, but he's in it just as much as us really, he took a gamble, it didn't pay off.. so his customer either wait with him, or take action against him. My beef isn't with him or MS i see them as victims also.

Im only concerned at this stage with Direct order customer....

1. direct orders should have received before resellers
2. direct orders should be treated better than resellers
3. direct orders took a larger risk as we ordered directly from China
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September 12, 2014, 05:42:11 PM
 #2105

well.. in 11 minutes i submit data to the lawyers....

i've been having a nice conversation with BA on PM on the other forum and they've wriggled and tried to get out of it....

i've been counting down the time till i submit.. must be driving them bonkers... trying to get a resolution.. but they refuse.. as i expected.


The data i have now... will go to the lawyers who will take god knows how long to go over it.... then they will either email listee's individually or maybe if they are smart, put up a web page that you can visit to submit your final data by or they speak to you directly and ask for telephone numbers copies of invoices etc....i just don't know at this stage... it's not like i've been putting a battle plan together Wink

Did you mention Minersource their reseller, a lot of people who purchased a Blackarrow X1 or X3 are waiting for a refund from Minersource for months including me.

No, i haven't mentioned MS or Ethos or anyone else except BA directly. The trouble with a law suit is actually pinning in on someone. BA are the root of all with this, so if MS and Ethos have issues with BA they need to deal with that on their own.

In the US, you need to take it up with the local against MS
In the UK i know about and the distance selling regulations protect consumers here against online orders... but i've never had to do this before, but Ethos is a UK LTD company so poor stuart is liable to cop it big time if you go that route.. i know it's not his fault directly, but he's in it just as much as us really, he took a gamble, it didn't pay off.. so his customer either wait with him, or take action against him. My beef isn't with him or MS i see them as victims also.

Im only concerned at this stage with Direct order customer....

1. direct orders should have received before resellers
2. direct orders should be treated better than resellers
3. direct orders took a larger risk as we ordered directly from China

Thanks for the info, good luck. It's terrible how much money people are losing because of blackarrow. Hope you get you're $12000 back and more. I'm still waiting for $800 from MS.

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September 12, 2014, 05:42:32 PM
 #2106

@Bitcz - I sent you an email with my details a while back.

Please note, based on blackarrow's post today in the ecointalk forums:

"We are currently waiting for CE commission to check the issues with the PSUs.  Once we have their approval we will ship your order."

They are still investigating the power supplies.

I received an email within the last 3 days stating that my product (a Black Arrow Prospero X-3) had shipped despite a refund request.  This would also imply that they are shipping untested power supplies; more broadly, they are knowingly shipping a defective and unsafe product.
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September 12, 2014, 05:56:13 PM
 #2107

Also, I am not a lawyer, but the latest updates to the Trade Descriptions Ordinance (Chapter 362) are quite plainly stated, albeit a bit poorly formatted.  I trust your lawyer is competent, but in order to save him/her time, I would point them here:

http://www.legislation.gov.hk/blis_pdf.nsf/4f0db701c6c25d4a4825755c00352e35/620C44C5887E4501482575EE0071B7D7/$FILE/CAP_362_e_b5.pdf

Relevant sections:

Section 12 (relevant to the scenario of them continuing to ship the Prospero X-3's):
Quote
(1) A person must not import or export any goods to which a false trade description or forged trade mark is applied. (Amended 35 of 2000 s. 98; 25 of 2012 s. 10)

Section 13H (relevant to them not delivering within a reasonable time):
Quote
(1) A trader who engages in relation to a consumer in a commercial practice that constitutes a bait and switch commits an offence.
(2) The making by a trader of an invitation to purchase a product at a specified price is a bait and switch if, having made the invitation, the trader then, with the intention of promoting a different product
-(a) refuses to show or demonstrate the product to consumers;
-(b) refuses to take orders for the product or deliver it within a reasonable time; or
-(c) shows or demonstrates a defective sample of the product.

Section 13I (relevant to them not delivering as well as the fact that the specs for the X-3's have changed since they were advertised):
Quote
(1) A trader who engages in relation to a consumer in a commercial practice that constitutes wrongly accepting payment for a product commits an offence.
(2) A trader wrongly accepts payment for a product if the trader accepts payment or other consideration for the product and at the time of that acceptance
-(a) the trader intends not to supply the product;
-(b) the trader intends to supply a product that is materially different from the product in respect of which the payment or other consideration is accepted; or
-(c) there are no reasonable grounds for believing that the trader will be able to supply the product
--(i) within the period specified by the trader at or before the time at which the payment or other consideration is accepted; or
--(ii) if no period is specified at or before that time, within a reasonable period.

From my perspective, this is a slam dunk case for many reasons so long as it makes it to a courtroom.
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September 12, 2014, 05:57:47 PM
 #2108

@Bitcz - I sent you an email with my details a while back.

Please note, based on blackarrow's post today in the ecointalk forums:

"We are currently waiting for CE commission to check the issues with the PSUs.  Once we have their approval we will ship your order."

They are still investigating the power supplies.

I received an email within the last 3 days stating that my product (a Black Arrow Prospero X-3) had shipped despite a refund request.  This would also imply that they are shipping untested power supplies; more broadly, they are knowingly shipping a defective and unsafe product.

yeah i saw.

for the PSU with a CE mark two things are very important to note here

1. BA should have demanded the certification from the supplier confirming they meet spec
2. Chinese law has some very stiff penalties for falsifying certification on products especially if they are found to be root cause in accidents, damages, loss of life or injury.

The fact they didn't and still are trying to get this sorted screams to me they missed this as well as chips popping out and other odds and sods. No Quality control, no proper testing, i paid for 5 days hosting, but i doubt i will get that as well as the miners... i've caused them a fair bit of aggro.. so im sure if i wasn't at the back of the que i sure as rain falls down am now Smiley

But i look at it this way... if im gonna spend shed load to get something back.. at leas i get something back and i have the warm fuzzy feeling that they as BA won't do it again under the branding they have right now
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September 12, 2014, 05:58:45 PM
 #2109

All

IF YOU HAVE NOT DONE SO ALREADY AND WANT TO JOIN THIS ACTION BEING ORGANIZED BY BITCZ FILE A COMPLAINT WITH THE CONSUMER COUNCIL IMMEDIATELY.  THE LEGAL TEAM IS REQUESTING IT AND THAT JIBES WITH WHAT THE PEOPLE I TALKED TO TOLD ME ALSO.

The Consumer Council will request some documents and need to establish that this is a Hong Kong registered company  before they will agree to pick it up, therefore:

Send the annual report http://www.kiwi.nz/blackarrow/PS300015776549_01.pdf

along with the documents they have requested.  Those documents are:

1.  The invoice showing you paid
2   your bank or payment records showing the payment
3.  any e-mail or support discussions  you've had
4.  The annual report referenced above.

Here's the link to file a complaint if you decide you want to do that.

https://www.consumer.org.hk/cc-complaint/index.php?lang=en

Also indicate that their TOS indicates Hong Kong law and paste that in to your message.

http://www.blackarrowsoftware.com/store/terms-and-conditions-en.html#purchase

15.2 Applicable law and dispute resolution
16.2 1 This Agreement shall be interpreted and applied in accordance with the law of Hong Kong S.A.R. of PRC.

This is all the information they will need to pick this up.  They have been very helpful and responsive.  




Any ?'s let me know.  I'll help if I can although I'm not a lawyer, just a customer trying to get my money back from these people.
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September 12, 2014, 08:46:15 PM
 #2110

Awesome job staying firm with BA over the pm's. It was déjà vu reading it because this guy said a lot of the exact same things to me. The whole thing reeks of desperation from their side.
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September 14, 2014, 01:37:42 AM
 #2111

... i've never had to do this before, but Ethos is a UK LTD company so poor stuart is liable to cop it big time if you go that route.. i know it's not his fault directly, but he's in it just as much as us really, he took a gamble, it didn't pay off..

I think he is quite involved with them... He wrote a good piece of the software, AFAIK...
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September 14, 2014, 04:59:06 AM
 #2112

This company's rating has been updated in the Manufacturer Trustworthiness thread.

[This message won't be monitored, discuss your concerns in the thread.]

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September 14, 2014, 09:54:01 AM
 #2113

This company's rating has been updated in the Manufacturer Trustworthiness thread.

[This message won't be monitored, discuss your concerns in the thread.]
Still crappy?

*checks*

Yep, still crappy.
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September 14, 2014, 12:24:24 PM
 #2114

The X3 makes $11.27/day after $4.80/day power cost since the last difficulty jump. The last of the BTC vapours are being siphoned off. It's not even going to smell like Bitcoins when BA's done with it.
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September 14, 2014, 03:48:53 PM
 #2115

Black Arrow left me negative feedback. It's almost a badge of honor to be left negative feedback by the biggest scammers in the world! Cheesy

BTC: 19DKtsdGfQyFzNiEze9KuFQrWGiLDvg6F1 | LTC: LbV6UGyjYbVP49NvQFmuAnkADcaFYvNagK | NMC: NDCdMJmTmGH54Cezmo3CwSxAC7grAoZJbj
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September 14, 2014, 08:00:35 PM
 #2116

Black Arrow left me negative feedback. It's almost a badge of honor to be left negative feedback by the biggest scammers in the world! Cheesy


I know.  The same exact thought went through my head when I saw mine.

So, thank you BlackArrow, you're several months late, your products are all but obsolete and starting on fire, but at least you remembered me.

It's touching.  ::sniffle::

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September 18, 2014, 03:00:22 PM
Last edit: September 18, 2014, 03:30:04 PM by nosferatujeff
 #2117

Did anybody else have to pay import duties (I'm US based) for the shipment? I have received a postcard asking me to go dhlmypayment.us

I saw the website but did not enter my information. More scam concerned than anything; never received a tracking number and my store account still says "processed".

Edit: Checked with DHL this is my Black Arrow shipment.
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September 18, 2014, 03:30:53 PM
 #2118

Did anybody else have to pay import duties (I'm US based) for the shipment? I have received a postcard asking me to go dhlmypayment.us

I saw the website but did not enter my information. More scam concerned than anything; never received a tracking number and my store account still says "processed".

Who did you order from? If you ordered directly from China or from the UK, you have to expect to pay customs duties.

All the same, in your place, I would neither pay nor accept the shipment, because it's tacit acceptance of their delivery. Their miners are already obsolete before you even plug them in. No sense in throwing good money after bad.
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September 18, 2014, 03:42:35 PM
 #2119

It was BA direct ("end of queue"). The cost is $172.50 for 3 X-3s. Sharing cost because maybe it will help someone else prepare.
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September 18, 2014, 03:51:43 PM
 #2120

As a lucky rent-a-minion customer, I also received this today (I did mess with the spacing):

Dear Customer,

We  received an update from the Hosting Team:


Please be advised that currently we are finishing the last
          preparations in our data center, such as setting up power
          lines and testing the hashing hardware.

          Once this are complete we will be able to launch this
          services.

Please take note that will not have 100% coverage of orders for
          hashing; Crrently have around 100 TH/S but we will keep adding
          devices to cover all of the orders, which is around 300 TH/S.

Of course we will starting with the queue on Early orders
          1st. Further announcements will be made soon.

If you were not yet able to share your BTC payment address,
          and/or should you have questions, kindly do so using
          our ticketing system and contact our support.

Sincerely,

Black Arrow Team
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