what will you do if they do not pay ?
Ha, that's the old question. Should you rather hope for the best or try to pursue all possible legal actions in order to receive some money, but may force the company into bankruptcy by doing that!
You can always try this option but I can bet they'd ignore you.
It's sad how they failed to send you a miner and are offering another one for your trouble. Imagine going to a store, paying for a tv and being informed that you you can have neither the product nor the money, but as a compensation somewhere in the future they'll send you a new model that hasn't been made yet
