I was looking this over, and understand you have raised a few points here as the primary reasons for wanting a refund, and I understand where you are coming from with these requests. Your main points appear to be around missed delivery dates, and not completed.
Naturally the game is not completed, because it is still being developed. It would be the same as you helping fund the construction of a building, only for you to arrive half way through construction.
Additionally, I wanted to explain about the statement regarding the ability to get a refund after the period of time from 'delivery date' - I can confirm it does not state within the ToS that should the game not release by June 1st or any specific date, you will be entitled to a refund.
All pledges made are earned and the accounting demand is only activated if development actually stops. (therefore, unearned). We are making more progress than ever supplying constant updates (communication and patches/builds) however the estimated delivery date is subject to change (again as stated and agreed to in the ToS). Development has not stopped at all, and the studio where I work is making leaps and bounds with the games progress, including Squadron 42, which is nearing the finish line.
The deposit has since been “earned by CIG and become non-refundable” since it was “used for the Game Cost...” You also agreed to “irrevocably waive any claim for refund of any deposit amount that has been used for the Game Cost and Pledge Item Cost ….” The only exception would be a return of unearned funds remaining in case of an abandonment of the project; this exception does not apply as we have not abandoned development. If you pledged on Kickstarter, you agreed to these terms when you transferred your pledge account to robertsspaceindustries.com.
Sorry we cant help you further, but be sure to let me know if there is anything further I could do to help you believe in the project as a fellow backer.
All the best,