I pre-ordered the bigger (originally 25Mh/s) Viper on March 29th. Paid £1,635.00 with a bank transfer. Later on, I asked for it to be downgraded, which they did by marking the first order as completed and opening a new one for the Viper (50Mh/s) on the 22nd of May. I need only to pay £26.99 for that order to be fully paid.
I don't have the C.C. protection (having paid with a bank transfer) and no idea to which date counts towards a cancellation but most likely soon out at 50% -still better than most I concede-. Because I paid with a bank transfer I'm thinking my best chance is to wait for them to fail the due date so I can start a small claims court case.
What files should I be saving to backup a small claims court case?
Edit: I'm assuming due date as the date they mention on their latest update; "...before shipment (which will begin somewhere from the 15th-31st of July)..." Legally If they e-mail that as the latest update that's the one we can point to?
Going to court is a messy job and will take out a lot of time.
Better try to contact them and convince them for a full refund if you wish to cancel.
One thing you should be clear from now onward is to do clear and documented communication with them.
Don't send vague email or phone calls. Also don't contact them via Phone and don't settle anything via their calls to you.
If they call to convince you just tell them to email or send letter with company seal and signature. Don't accept or do anything as per their non-documented instructions.
Keep all your emails as it is.
Keep all details of payment.
If you remember phone calls and conversations note it down and it may help you when contacting and advocate.
Also, allow them till July end to check whether they are keeping their words.
If they are not shippinging as promised by July end take a legal opinion.
I think there is some confusion here regarding the shipping schedule. Actually, the confusion is that there even is a schedule. July was just an informal thing they stated on the forums here and elsewhere. The actual contract doesn't stipulate any shipping schedule at all, and so it is impossible for them to be late per the terms of the contract.
At best, the contract says they will HOPE to ship by Q2 or Q3. I.E, as late as September 30th (obviously they missed Q2 already). Even then though, it doesn't state they will for sure ship in September, just that they hope to.
Now, I am not familiar enough with UK law to say for sure, but if their law is anything like US law, this thing will NOT end in a bankruptcy. I don't even thing you guys will succeed in getting a judgement against them. Fact is, they haven't violated any of the terms of the contract at all. And even if they did, there are those two pesky clauses in there that let them a. Change the terms at any time B. not be held liable for anything that goes wrong, INCLUDING a willful violation of the contract on their part. So unless the parts of the contract can be stricken because they are illegal, I just don't see it happening without a very difficult court battle. I imagine if things ever got really bad they could throw together some 100 dollar gridseed units or whatever, ship them out, and call it a day (remember the part of the contract that says the specs can change at any time).
If you paid with a credit card of course this doesn't matter, since you will file for a charge back and claim fraud, or whatever you have to say to get your money back. Ive been saying all along that the lack of a credit card processor was not a mistake on their part but intentional, and this is why.
