Reply To: Darkest Dungeon: The Board Game – Shipping surcharge

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@limburger @kiranamida

The legal position of a kickstart is an interesting one. I know some people view it as an investment or perhaps a donation. However I am not sure that is the case. The payment and contract you agree to is clearly not a donation and even if you invest in something you are entering into a contract in return of something typically a share in company.

Legally when to pay the money, you sign a contract with the 3rd party for the delivery of goods. No matter what the user agreements state they do not act as top trumps for any existing laws.

If they fail to provide the goods it is a Breach of Contract and your legal retail rights still apply so well. I believe this what many people get wrong you still have rights.

The problem in all these cases however is the likelyhood of getting your money back it often limited. It would cost you more in costs to seak legal action than the money you lost. In most cases the company just goes bankruppt then consumers are always last in the queue when it comes to recovery of funds.

Think of like ordering a bespoke table from a company. You agree a contract and a price for said table but they still have to make it. It comes with the same risks, you buying something which does not exist and the final product could be slightly different. You have the same legal protection in that case as you do a kick starter. Both parties are entering into a contract for the delivery of goods or services.