Well, you can try to sue them, but they are on EU soil and they offer compensation --> mining contract, so unfortunately you will have a bad stand on sueing them.
Sorry for your loss
Sorry for your loss
Ya think?
If I paid for a horse from you and you said "Sorry, we're out of horses, here's a dog instead", I doubt whether most courts would be too sympathetic.
I think he has a good chance because it's inside the EU. It could be China....
First thing to do is refuse to accept/activate the mining contract and read the original T&C's very closely (with professional help maybe).
Mmmmm, nope.
The Law says, in the EU, i as a seller have to offer you compensation if i am out of stock.
The only real chance the guy has, is the 14 days right to return unsatisfactory products. If you are in this time frame, you can try to get your money back but only with the help of your lawyer. The contract of HC is invalid at this point. The question here is the cost of your lawyer against the cost the compensation.