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Alpha T - Defense Package
« on: March 03, 2015, 10:06:05 am »
Important Documents

A. TOS - Alpha Terms of Service agreement (January 2014):

B. DSR - Distance Selling Regulations:

C. Revenue and Customs Breif 9(2014): Bitcoin and other cryptocurrencies:

D. “Can you bring a claim in the English court?”:

E. Alpha’s Official May 22nd Developmental Update (Entitled Payments):

F. Alpha’s Official August 1st Developmental Update (Entitled Final Payment):

1. Alpha’s Defense

We have not done any business with any customer at the designated name and address. A [CUSTOMER NAME] is a NON-UK customer from the United States who we have indeed done business with, but as he is a non-uk customer it is out of UK jurisdiction.

Variations of the Same Defense:

After further investigation we can confirm we have not conducted business with a Johannes XXXXXX  at the address provided by the claimant. Please could the claimant provide proof of bank transfer to Alpha Technology (int) Ltd, and what name and address the product was ordered to (our issued invoice) and the exact amount as provided as in the claim. Once we have a correct name and exact address of order, with proof of business transaction and an invoice we can confirm who this claimant is and therefore can respond to the accusations put forward. If any details are incorrect from the claimant the claimant must use their correct details to file a NEW claim. We await proof of business transaction and correct customer name and address so we can confirm if this claimant is legitimate or not

We have noticed several claims with the same address, 83 Ducie Street. Whereas, we have never conducted business with anyone at this address.

1. Counterpoint:

(a) A UK address (forwarding service) was used to file correspondence with Money Claim & Manchester Court. The English courts are often used to resolve disputes involving parties based in other countries. The first point to note is that the residence, nationality, domicile or presence of the person bringing the claim is not directly relevant
to the question of jurisdiction. The first question the English court will ask is whether it has jurisdiction over the proposed defendant.

Note: I’m looking for a more official source of this information. For now, refer to Important Document D:  “Can you bring a claim in the English court?”

(b) Distance Selling Regulation - Under the DSR (Important Document B above), Regulation 11(1) and Regulation 12(1), the consumer has an automatic right to cancel and rescind a contract at any time from its formation until seven working days after the goods are delivered. According to Regulation 4(1), The Distance Selling Regulation applies “to distance contracts other than excepted contracts“, of which this is not an excepted contract.

   1a. Alpha’s Further Defense to DSR:
   Alpha will claim that the DSR doesn’t apply to this case because they categorize their customers as businesses rather than consumers. They will use Revenue and Customs Brief 9 (2014) as evidence of Bitcoin Mining purely being a business activity.

   1a. Further Counterpoint:
   a) Alpha never mentioned prior to sale that this would be treated as sales to a business. b) The Revenue and Customs Brief 9 was issued in March 2014. Purchase of the miner was made in January 2014. c) The machine was purchased with personal funds, under a personal name, and for non-business usage, but as a hobby. Coins mined from the machine would be collected for novelty purposes and for internet “tipping”. Tipping is similar to Facebook “Likes”. In this case, coins are given away freely to other individuals at no cost, as a way to show appreciation for funny or insightful content or comments found on the internet.

2. Alpha’s Defense

Alpha’s terms and conditions states that full refunds will only be provided if cancellation is made within one month.

2. Counterpoint:

Distance Selling Regulation also applies here (See counterpoint 1a above).

Alphas Terms of Service (TOS, January 2014, Important Document A above) states that shipping is guaranteed by Q3 2014. A deadline which was missed. Therefore the rest of the document is voided.

3. Alpha’s Defense

As per our terms and conditions our product is still in development and is scheduled to be delivered by Q3 (End of September) as stated here in our terms and conditions

We provide regular developmental updates and the customer is aware of this. If the customer requires a refund we refund them as per our cancellation policy which is also stated in our terms and conditions. Where they are required to email us and we instantly go through the relevant process of providing them with a refund.

We take a fee of the customer as they are requesting a refund before product has been completed and it puts us at a loss if we are half way developing a customers product, which is scheduled to be delivered by Q3 (end of September).

The customer is not eligible for a full refund or chargeback as per our terms and conditions as the product has not hit it's shipping time yet and scheduled shipping is still some time off where we are still in the developmental stage.

This is what the customer was aware of before accepting our terms and conditions by placing an order.

3. Counterpoint:

This defense was used by alpha before Q3 (end of September). Q3 has now come and gone, and as of March 2nd, the product has still not shipped and there is no announcement with a firm shipping date as of yet.

4. Alpha’s Defense

Alpha claims that the contract was breached because we haven’t paid the full amount.

4. Counterpoint:

Alpha repeatedly stated it did not require further payment beyond the initial 30% deposit which was paid upon purchase.

On Alpha’s official Developmental Update (Important Document E), entitled Payments, which was sent via email on May 22, 2014 to all of it’s customers Alpha states: “Customers who in the meanwhile cannot, or do not wish to, pay with Payza can simply wait. This will not affect your client status, nor your place in the order queue/shipment priority.”

And again in Alpha’s official Development Update (Important document F), entitled Final Payment, which was sent via email on August 1st to all of it’s customers Alpha states: “those who want to wait to pay via CC/DC or want to wait for 'proof' can do so. This will not affect your place in the queue and we are pleased to tell you it will still be based on the initial payment.”

Further Documentation:

Alpha’s Payment Processor (BitPay) suspends Alpha’s account after receiving many customer complaints:

Alpha investigated by Police because of multiple consumer reports of fraud:

Some posts from customers on Alpha’s official support forum voicing their anger over Alpha’s lack of communication and missed shipping deadlines:

Attached Documents:

Proof of Purchase / Order Receipt
My Claim & Alpha’s Defense
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