Slight thread jacking:
reesy wrote:Does anyone know what happends when people pledge on KS, the project starter gets his $ and then nothing happends from there (ie nothing is sent out etc).
I presume the project starter gets 200 cases (for example) of Visa/Mastercard lawyers chasing him/her?
Nope.. and there is weasel words that say its pretty much 'tough' until the Project Creator declares himself having no intention to fulfill the rewards. The devil (as always) is in the details (or T&C's in this case). You agree to them by virtue of having an account to pledge from.
Firstly, Kickstarter have no 'role' in this transaction from a contractual level, besides being a facilitator. You enter into an 'agreement' essentially with the Project Creator. Consequently, there is no recourse against KS itself.
KS FAQ on T&C wrote:Kickstarter does not offer refunds. A Project Creator is not required to grant a Backer’s request for a refund unless the Project Creator is unable or unwilling to fulfill the reward.
Then, you need to be aware, you aren't actually entering into a 'standard' commercial transaction (and its associated protections). You aren't actually 'buying' anything, so therefore technically theres no contract to gurantee fulfillment and thus no rights of recourse. Backing a project is essentially 'donating money to the cause' on the understanding that at some point you *should* receive your reward - but its very cleverly worded such that you aren't 'buying' a good, so have none of those protections one might imagine.
So - back to the 'a project creator is not require to grant...' statement... This means, as long as the Project Creator is still working on getting to fulfillment 'in good faith', then theres no recourse for complaints. Expected delivery dates are just that - expected - but they are not binding.
KS FAQ wrote:The Estimated Delivery Date listed on each reward is not a promise to fulfill by that date, but is merely an estimate of when the Project Creator hopes to fulfill by.
In the old days, prior to the change in their Project Creator T&C's, I could have put up a KS for a DIY Quantum Accelerator.. and as long as I'm still working towards that goal I can slip past my delivery dates for Decades... I'm still upholding the Terms & Conditions I entered into when I 'joined' KS to post that project.
Now should the Project Creator declare they have no intention to fulfill the project deliverables, at that point, they are now in breach of their Kickstart T&C's and you can proceed to reclaim your money - individually and directly (KS again play no role in this aspect of matters - beyond confirming that the Project Creator has now violated their agreement, and thus, some other legal protections can kick in...)
Long and short of it - You can pursue many avenues as an individual under Civil Statutes I'm sure.. but from a cut and dried Consumer Protection standpoint - there is none. You 'invested' in a Startup, and that Startup Failed... Thems the breaks basically... and why Venture Capitalists demand such high returns (due to the inherent risk that is carried...)