If nothing else, setting a refund date in your terms of service that ties into your estimated ship date really drives home that you've failed to meet said ship date by over a year and a half.
A less sympathetic judge might well have suggested that such a clause implied that seeking refunds might follow a fair assessment of the final (or at least, times being what they are, [a released]) product... An assessment Star Citizen hasn't really followed through on permitting its backers. And then possibly declare the contract void.
I think RSI may have just shot itself in the foot. It's possible they would have inspired less of a "run on the bank" by confidently saying, "Sure, here's your money back, no hard feelings" than fighting a refund kicking and screaming only to have the Bar Association effectively imply that others might want to get out while the getting is good.