The writing is on the wall, they wont ship before dec 2013 and they will refund your BTC in USD. Image your 219 btc worth over $200,000k and then refund less than 20BTC, I think that is called a SCAM. When they promised full refund in BTC, if Hashfast failed to delivery dec 31 2013. Personal attacks is normal when you steal from your customers.
Someone with deep pockets needs make a example out of this company.
It's not really a scam unless there will never be any miners.
A company doesn't have to be engaged in a scam to be liable for damages. Savings losses are damages to be considered and will have to be covered by the balance sheet of the supplier if they don't live up to their oral or written promises. The only thing which you can say goodbye to is the potential profit derived from the purchase or costs for legal action.
Should the TOS conflict with those oral or written promises a judge will have to determine whether the particular terms would have had to be actively advertised by the supplier, i.e. making them initial off them individually. Also what needs to be determined is whether the promise was an attempt to mislead the customer - which goes into the direction of consumer protection - because consumer can't be expected to study TOS or consult a lawyer every time they make a purchase.