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The campaign page for DD could be seen as setting out the terms of a contract.
I had a look and it states that the product you get might be late and might be different from what is being shown.
It also states that in the event they cannot ship your product they will give you a full refund.
Nowhere does it state they can or will ask for more money.
So it does seem they are in breach of contract. I suppose there might be an argument over ‘cannot ship’ and ‘will not ship’. Certainly the chance of taking action against KS is nil. But if someone is based in France I think they could at least take Mythic to whatever is the equivalent of the small claims court and give it a go to get their money back.
I suspect it may be curtains for Mythic after this debacle. Moving to small games aimed at retail will not bring in anywhere near the sums they are used to getting from bloated KS projects.