So there is a gap in lawmaking and HF is using this gap to commit fraud.
I don't really agree there. This is what contracts exist for. The law doesn't have to forsee in advance every possible business contingency. There is no basis in law that says that you can just ignore a contract when it suits you.
Yes, i hope you are right and as HF stated explicit BTC-refunds i think you got a chance there.
I see a gap in lawmaking more as a general problem when it comes to mining and late deliveries, cause in a traditional customer protection way of thinking there is nothing wrong with not delivering and offering a refund after 6 months. And this fits perfectly to maybe a purchase of a BMW or whatever but it doesnt fit the purchase of a Bitcoin-miner. And thats where i see a gap in lawmaking.
Edit: Basically the Bitcoin-Miner-Manufacturer misuses his customers as a way of Bitcoin-Call-Option. If BTC/Fiat stays the same they deliver, if it raises they choose not to deliver and to offer you a US$ refund.