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alpha_feng

Our attacks on Alpha
« on: August 29, 2014, 04:05:22 am »
In waiting for the response from Alpha to my mediation letter, I consider to fight against AT in court with the following attacks:
1. As I paid in full, I am mostly concerned about the refund of the final payment (70%). In the Jan's terms and conditions, there is no place mentioning the refund of the final payment and also, in the following updates, I did not hear it.  Their response to my request is: as we do not mention it in the contract, there is no refund for the final payment. Their reason is very weak and liable to be attacked.
2. The timing of notifying customers to pay the final payment is at the start of assembly and shipment. But, actually, they knew by the time that they could not start assembly  process, and thus, the announcement of collecting the final payment  is to deceive our customers. This is a very serious problem of deceptive marketing.
3. They got our final payment and then told us that the product delivery was postponed to Sept, two months later. In the contract, they were not authorized to change delivery date and also broke the contract terms of collecting final payment three months ahead of the delivery.
4. The terms and conditions of Jan's version do not regard us as business and individual customers. They put these additional terms in later versions of the terms and conditions, which cannot apply to our earlier customers.

We can find more on their violation of the terms and conditions in their emails and July announcements (updates). The more they said, the more easily they will be attacked. Let us discuss and provide more to make them loose their defense in courts. 

fightalpha

Re: Our attacks on Alpha
« Reply #1 on: September 03, 2014, 02:46:11 am »
Quote
1. As I paid in full, I am mostly concerned about the refund of the final payment (70%). In the Jan's terms and conditions, there is no place mentioning the refund of the final payment and also, in the following updates, I did not hear it.  Their response to my request is: as we do not mention it in the contract, there is no refund for the final payment. Their reason is very weak and liable to be attacked.

Did they mention anything about the 30%, I've heard that for those who've paid in full (such as yourself), they are giving the full 30% back. For those that have not (like me) they are only offering half of the refund back. Have you in writing them offering your full refund? If so, can you post it here, with full email headers? Also, please post the email where they said that they didn't mention it in the contract (with full headers).

They have mentioned to me that the TOS only applies to the pre-order payment and not final payment. In fact.. it works to your advantage; it takes a TOS agreement between two parties for them to hold a portion of your refund.. so it reasons that you should automatically be entitled to a full refund because you did not agree to have ANY of your 70% being held.

Quote
2. The timing of notifying customers to pay the final payment is at the start of assembly and shipment. But, actually, they knew by the time that they could not start assembly  process, and thus, the announcement of collecting the final payment  is to deceive our customers. This is a very serious problem of deceptive marketing.

Ah, very deceptive indeed. What proof are you using to show they *knew* that they could not start assembly when sending out the invoices? That's very valuable to everyone here.

Quote
3. They got our final payment and then told us that the product delivery was postponed to Sept, two months later. In the contract, they were not authorized to change delivery date and also broke the contract terms of collecting final payment three months ahead of the delivery.

Totally agree. This is my main attack point. See elaboration here

Quote
4. The terms and conditions of Jan's version do not regard us as business and individual customers. They put these additional terms in later versions of the terms and conditions, which cannot apply to our earlier customers.

A great point was brought up by another fourm member "Shitaki" that this is a "material omission". If they considered this a Business2Business transaction, it should have been stated in the TOS.

http://www.legislation.gov.uk/ukdsi/2008/9780110811574/regulation/6
IF YOU WON a judgement, join us in this thread:
http://fightalpha.net/index.php?topic=143.0

jakec

Re: Our attacks on Alpha
« Reply #2 on: September 09, 2014, 11:08:31 pm »
These are great!

fightalpha

Re: Our attacks on Alpha
« Reply #3 on: September 14, 2014, 08:16:07 pm »
Quote
1. As I paid in full, I am mostly concerned about the refund of the final payment (70%). In the Jan's terms and conditions, there is no place mentioning the refund of the final payment and also, in the following updates, I did not hear it.  Their response to my request is: as we do not mention it in the contract, there is no refund for the final payment. Their reason is very weak and liable to be attacked.

Did they mention anything about the 30%, I've heard that for those who've paid in full (such as yourself), they are giving the full 30% back. For those that have not (like me) they are only offering half of the refund back. Have you in writing them offering your full refund? If so, can you post it here, with full email headers? Also, please post the email where they said that they didn't mention it in the contract (with full headers).

They have mentioned to me that the TOS only applies to the pre-order payment and not final payment. In fact.. it works to your advantage; it takes a TOS agreement between two parties for them to hold a portion of your refund.. so it reasons that you should automatically be entitled to a full refund because you did not agree to have ANY of your 70% being held.

You are right. If you can provide evidence (email or phone call) that the TOS only applies to the deposit, I will appreciate very much.

Quote
Quote
2. The timing of notifying customers to pay the final payment is at the start of assembly and shipment. But, actually, they knew by the time that they could not start assembly  process, and thus, the announcement of collecting the final payment  is to deceive our customers. This is a very serious problem of deceptive marketing.

Ah, very deceptive indeed. What proof are you using to show they *knew* that they could not start assembly when sending out the invoices? That's very valuable to everyone here.
My argument is based on their T&C (Jan 5 version). It says that the final payment is to complete assembly and shipment and will be collected 8-10 weeks before the shipping date. Despite I do not know how to assembly miners and how long it will take, according to the T&C, they had started assembly and shipment process after May 22nd and will not have any problem that took place in early development. That is, once they notified us of paying the final, there was no technical problem before the assembly  process; otherwise, they violated T&C and misled our customers for our money, a typical character of internet fraud and deceptive marketing strategy. 

Quote
Quote
3. They got our final payment and then told us that the product delivery was postponed to Sept, two months later. In the contract, they were not authorized to change delivery date and also broke the contract terms of collecting final payment three months ahead of the delivery.

Totally agree. This is my main attack point. See elaboration here

Quote
4. The terms and conditions of Jan's version do not regard us as business and individual customers. They put these additional terms in later versions of the terms and conditions, which cannot apply to our earlier customers.

A great point was brought up by another fourm member "Shitaki" that this is a "material omission". If they considered this a Business2Business transaction, it should have been stated in the TOS.

http://www.legislation.gov.uk/ukdsi/2008/9780110811574/regulation/6
[/quote]

They changed T&C illegally many times and these later versions do not apply to our earlier customers. In addition, people found that there are no cancellation penalty in the deposit before Jan 5. If you preordered in Jan 4 or earlier, T&C does not apply to you.
IF YOU WON a judgement, join us in this thread:
http://fightalpha.net/index.php?topic=143.0

beta76

Re: Our attacks on Alpha
« Reply #4 on: October 10, 2014, 03:08:32 pm »
They changed T&C illegally many times and these later versions do not apply to our earlier customers. In addition, people found that there are no cancellation penalty in the deposit before Jan 5. If you preordered in Jan 4 or earlier, T&C does not apply to you.
Hi, is there a Version of T&C from Jan 4? I can only find the one from Jan 5. Thanks for your great work so far!

fightalpha

Re: Our attacks on Alpha
« Reply #5 on: October 10, 2014, 08:24:06 pm »
I have not been able to find other copies of the T&C. Alpha will not provide them either.
IF YOU WON a judgement, join us in this thread:
http://fightalpha.net/index.php?topic=143.0

Sanj

Re: Our attacks on Alpha
« Reply #6 on: October 18, 2014, 11:24:09 am »
Hi just thought i'd post a link where you can view some if not all of the terms and conditions for Alpha. Its a great website called the way back machine, i think fightalpha uses it already when hes posting  old documents. The oldest ToC i found was in december 2013.

i have just sent them a email today asking for my full refund so fingers crossed everyone lol.

http://web.archive.org/web/20140210051151*/https://alpha-t.net/terms-order/