Looking back at the information on the theme itself, I don’t find anything that mentions that IE8 isn’t supported. Like it or not, 20% of users are still working with it – to call it out-dated and archaic when it’s only one version back is a bit shortsighted. Your basic information does mention HTML5/CSS3 but quite honestly, I have no idea what that means. I chose to use WordPress to create my website as I am not a website programmer – the use of themes, and WordPress in general, is designed for those of us who don’t know much about html or css. In doing further research HTML5 and CSS3, it’s definitely the newest stuff and isn’t supported in anything but the newest browsers (and even some of them are just getting started with it).
I understand if you choose not to design for browsers (or specific versions) you don’t want to support, but you should be letting people know that it doesn’t work for 20% of the market so they realize they are hitting only those who have updated or use different browsers. I don’t have the luxury of letting 20% of the market browse away from my site so I will be switching themes. Please let me know how I can get a refund.