Hyperion bankrupt?

[takemehomegrandma]

there is no way I'm going to have the x1000 sent to me with this currently going on. Amigakit is pretty unbelievable. I know they probably need my money, but that's really crossing the ethical line and looking the other way. Am I overreacitng?

No you are certainly not overreacting. It would be outright illegal for them to refuse you a refund! You have up to 14 days *after delivery* to send it back (unused of course) and reclaim a full refund including shipment costs (you pay for the return shipment though). You don't even have to provide a reason, just state that you don't want it anymore and would like a refund. If they are honest they should have already told you everything about this. They also must have provided you with a printed form you can (if you like) use for this purpose.

http://europa.eu/youreurope/citizens/shopping/shopping-abroad/returning-unwanted-goods/index_en.htm


   "Returning unwanted goods

14 days to withdraw when purchasing goods

In the EU, for contracts concluded as of 13 June 2014, you have the right to withdraw from your online purchase as well as from purchases made elsewhere than in shops (e.g. from a salesman on your doorstep; by phone or mail order) within 14 days.

This “cooling off” period expires 14 days after the day you received your goods. However, if this period expires on a non-working day, your deadline is extended till the next working day.

You can choose to withdraw from your order for any reason within this timeframe - even if you simply changed your mind.

To exercise your right of withdrawal, you must unequivocally inform the trader of your decision to withdraw from the purchase. You can do this, for example, by adding a written statement to the goods that you are returning by post, or by sending a fax or e-mail. It is not enough to just send the goods back. The trader must provide you with a model withdrawal form, which you can use to inform him/her of your withdrawal but you don’t have to use it.

The trader must give you a refund within 14 days from receipt of your withdrawal notification, but can delay refunding you if he/she has not received the goods back or evidence that you have sent them back. This refund must include any shipping charges you paid when you made your purchase. However, the trader may charge you additional delivery costs if you specifically requested non-standard (express) delivery. You will have to pay the costs of returning the goods to the trader.

For bulky goods (such as large household equipment), the trader must give you at least an estimation of the cost of returning the goods. You must send the goods back within 14 days of informing the trader that you wanted to withdraw.

Check that the trader informed you that you would have to bear the cost of sending the goods back during the cooling-off period. If not, he/she must also bear that cost. Bulky goods bought from a door-to-door salesman and delivered to you immediately must, however, be collected by the trader at his own expense."

[takemehomegrandma]

@Kremlar

Before a customer purchases an AmigaONE X1000, in Checkout it states that the build will take up to 10 days, so customers know before they buy it won't be simply pulled off a shelf and packed immediately.  Remember that every X1000 is different, assembled bespoke to the customer's order with care.  This is not a low cost budget PC that is quickly thrown together.

Oh My God, did you just say that?!

:lol: :lol: :lol:

It's a *motherboard*, it has the same form factor, the same screw holes, it fits in standard PC chassis, it has the same connectors, power supply, etc as any PC. This or that GFX card, this or that HDD, this or that optical drive - how does that matter? Anyone with a screw driver and the slightest hunch will put together a PC (which this essentially is, although insanely overprised and severely underpowered) in about *an hour*! You may take up to 10 days to do that job, which is fine I suppose as long as your customers are happy with it, but please don't insult everyone's intelligence by claiming that this divine precious gem of a motherboard would be so special it requires some magical gear, breath from angels, and hair from unicorns to be assembled and that it can only happen when the moon is in a certain phase and aligned with Jupiter. Christ...

:roflmao:

[takemehomegrandma]

Hyperion says: "The news of our demise is greatly exaggerated":
http://amigaworld.net/modules/newbb/viewtopic.php?mode=viewtopic&topic_id=39913&forum=14&start=40&viewmode=flat&order=0#751549

LOL!

Maybe that person (Ben Hermans? Not easy to know with Hyperions constant anonymous posting policy) didn't meant for it to happen, maybe he didn't want it to happen, or maybe he is simply living in denial. Because those formal public records surely tells a different story! The smoke-and-mirror post obviously had its intended effect though, since a lot of you are dancing and singing the "everything is fine and business as usual" song now because of it...

In any case, Mr Bert Dehandschutter is probably a more relevant source of info at this point than Mr Hermans.

I just got this reply from the curator:

"The company announced to start an opposition procedure according to the Belgian Bankruptcy Act. In that case the Court can take a decision to annul the first Court decision which means it is like no insolvency proceeding has even been pronounced."

This mean that it wasn't Hyperion themselves who voluntarily filed for bankruptcy, but someone else did it for them. Interesting! But bankrupt they are!

Here is Hyperion:

1) Unpaid developers (and perhaps other debts as well)

2) Hyperion hasn't had a viable business going for a long time, since their income is so low they don't even have no VAT liability anymore since over a year back. A hot dog vendor makes more money!

3) Meaning there can't be any paid employees at all, and nothing else that cost money. "Managing Director" this, "Director Legal" that, fulltime employed developers, etc, etc. Bull%&$#?@!%&$#?@!%&$#?@!%&$#?@! and lies!

4) The Friedens faded out of the picture after OS4.1.2 release (court documents from Amiga Inc <-> Hyperion trials showed us that Hyperion owned them something in the line of two millions if memory serves me right), as did many (all?) others, replaced by "ssolie" who *never* was a real employee (but fancy made up titles), and a couple of other, lesser volunteer workers who came and went during the years that followed. Development stagnated, for two releases the very same "AmigaOS3.1 with UAE integrated" feature was the main selling point. The 4.1.6 version bump release had the *only* feature of including some kind of package manager so that the volunteer free-time coders could push smaller sporadic updates of individual components without the work of having to put together a proper, full release.

5) The former Hyperion founding partner Evert Carton (jorit2 @ AW.net), who probably has more insight than anyone else in Hyperion dealings (at least up to a certain point), seems *very* eager to clear his name from any responsibility and liability concerning Hyperion (almost afraid of repercussions of Hyperion dealings I'd say):

   "I should not be a partner, I'm actually quite sure the legal paperwork for this has been filed and was also published (this is a requirement for it to be effective)

Bummer that the site where the publication is available has the same flaws (among others) as eg USPTO in that you cannot directly link to it)

But you can go here:

http://www.ejustice.just.fgov.be/tsv/tsvn.htm

That get's you a form, fill in
0466380552 in the first field (Ondernemingsnummer: say "Company Id") , and hit the button "Opzoeking" right above it

You'll see that it found 7 documents. Then hit the button "Lijst" to the right, it will get you a list of publications.
You want the first document in the list. Click the link "Beeld"
You will see a PDF that (translated) reads "Mister Evert Carton has, effective Feb 1 2011, effective immediately, resigned as director from Hyperion Entertainment"

It's this document that I could use, and have used, and being effective at it, to fend of any calls to my liability, no further questions asked, by official and non official organizations, it is in other words sufficient legal proof that I am no longer a partner and no longer liable. It's effective on the date of publication, the date of publication being indicated by the stamp Apr 4 2011."

Why does he, who has had full insight in Hyperion dealings, feel the need to "fend off any calls to his liability" from official and non official organizations, one might wonder? Why is he so eager to have sufficient legal proof that he is no longer a partner and no longer liable?

In any case, things are *not* well at Hyperion.