If it doesn't meet the deadline it most definitely should. The purpose of a preorder is to get in line to get the product ASAP after it ships, and to get it at a reduced price in return for giving your money over early and supporting the company by buying their product. The intention of preorders is simply to buy a product before it's available, but it's a contract nonetheless. People are confusing that with a kickstarter-like purchase, which is NOT the same. If you preorder a video game, you're agreeing to buy it when it comes out on a certain date. If the video game doesn't come out, you will get your money back. Nobody can or should be expected to preorder something like a phone, therefore expecting it on a certain date, then be held to that order when the phone doesn't come out when expected, or in this case, for months after. The company did not hold up their end of the contract, so it is null and void and the consumer can get their money back so they can buy a different phone, instead of going without because their money is tied up. That said, nobody should preorder something like this if they can't afford to buy something else without getting a refund if absolutely need be, but another scenario would be that if somebody needed a new phone by now, even if they could afford to buy one while Saygus still had their money, it should not fall on them to then have to essentially buy two phones because Saygus didn't meet their deadlineS (yes, the 's' is capitalized on purpose). I can't imagine any court that would not side with the consumer if Saygus didn't want to give the money back. They're not doing it to keep everyone happy, they're doing it because otherwise they'd get chargebacks, which would kill them, and they'd get sued, which they would lose.
Until then my N5 does its job pretty good.
