http://www.eu-consumer-law.org/consumerstudy_part3a_EN.pdf
buys a product for purposes that do not fall
within the sphere of his commercial or
professional activity
The ASIC manufacturer does not get to decide how the product is going to be used by the individual who is buying it, therefore, they cannot define it's purchase as being for the purpose of commercial activity. (Professional meaning an activity derived from educational training).
I suspect that KNC's response would be that these are machines who sole purpose is to create money by mining bitcoins.
They are being bought and run in the (mostly vain) expectation of making a profit.
That is a commercial activity.
The person buying has agreed that they are purchasing it for business reasons.
If I were to buy an ATM machine, for example, it is hard to see how I would successfully argue that it was for a consumer purpose.
I'm not saying that they are right, or that if you took them to court you couldn't win.
But they have a reasonable initial argument that is unlikely to be dismissed out of hand.
You would have to go to the hassle and cost of instructing Swedish solicitors to sue them.
They are banking on the fact that no one is going to both do that. They are probably right.