Author Topic: Kickstarter obligations  (Read 1360 times)

soera

Kickstarter obligations
« on: March 17, 2017, 04:02:26 pm »
So I backed a kickstarter almost 3 years ago called Shiness. We were informed that all rewards would be applied to console (specifically all physical rewards) so I pledged $125 for the complete physical pack : Everything on the MINGANE PACK + Physical Secrets Guide + Physical Original Sound Track + The lost records that never integrated on the game + T shirt at your size + Physical Manga Book Volume 1 Sketched by the author.

They have been mostly silent since then other than a screenshot here and there. Well, this morning they teased about an announcement. Then they upgraded it and basically screwed over the console backers. Physical release seems to have been removed from the table as well as most of the digital releases even. I myself am absolutely not interested in physical PC or a digital game and Im thoroughly upset.

What are the legal obligations of the company to fulfill their promised options to the people that gave them their money?

desocietas

Re: Kickstarter obligations
« Reply #1 on: March 17, 2017, 04:16:54 pm »
That sucks...

I know rewards can change, but removing one platform and exchanging with another is not fair in my opinion...

There's some stuff written up by Kickstarter on the obligations of the company who is supposed to fulfill the rewards, including this agreement they make:

Currently playing:
FFXIV (PC), The Witcher (PC), Monster Hunter World: Iceborne (PS4)
twitch.tv/desocietas

hexen

Re: Kickstarter obligations
« Reply #2 on: March 17, 2017, 05:08:19 pm »
That sucks. I'm not sure about your experience with Kickstarters prior to that, but in the few I've done I always take it with the foreknowledge it may be a risk of completely failing, but I'd heard all the horror stories prior to donating to my first Kickstarter.

I've done 5, I believe. TFYC's Afterlife Empire & Pat Contri's NES Guide completed and I got everything. Yooka-Laylee (which canceled the Wii U version I originally selected, but got a chance to change) is just around the corner, and I trust the creators behind Bloodstained.

Psychonauts 2 I took a known risk on, because Double Fine already screwed the pooch on Broken Age and Spacebase DF-9, but I really want that game to exist. In the not impossible chance Timmy boy fudges it up again, I was prepared to eat the cost, which is kind of the name of the party in Kickstarter. I understand not wanting to get bait-and-switched and take it sitting down on principal, but as has been proven time and time again with colossal failures many degrees higher than your current situation there is little to be done. It would certainly not hurt to pester them for a refund, persistence can force some into going your way just to have you leave them alone. As anticlimactic as it is, I would probably eat the cost myself. You are still getting something, unlike a lot of worse failures where no one got anything, and you could always resell what you get, perhaps even at a profit. If you're really stubborn you could try some kind of legal action, but it's unlikely to succeed and not worth $130.

Whatever happens, I hope you can get things resolved in a satisfactory manner.

« Last Edit: March 17, 2017, 05:10:00 pm by hexen »
Take a spin, now you're in with the techno set! You're going surfing on the internet!


Re: Kickstarter obligations
« Reply #3 on: March 17, 2017, 11:30:33 pm »
I've only backed two Kickstarters done by high profile individuals so I feel a little better about my contribution being fulfilled, but in the end it is a risk. There is no certainty the game will be good or well made, and there is even a chance that the creators could just take the money and run, but it is a calculated risk I took on when I backed the project. With that said, the two Kickstarters I backed (Shenmue III and Bloodstained) I put A LOT of money into, especially Shenmue. Despite knowing the risk, if the came or rewards for either game go unfullfilled I will be beyond pissed, however I am ready to accept that the games will may not be masterpieces, but I guess I believed in both projects enough to assume that they will be good.

soera

Re: Kickstarter obligations
« Reply #4 on: March 20, 2017, 03:53:43 pm »
Update. I scrolled through all the messages last night on the Shiness kickstarter and finally found at least 2 of the ones that mentioned them telling people about the console physicals and even which minimum pledges would have physical console releases. I have copied those and posted them on their page and a few other pages. Shiness official twitter handle has contacted me about trying to resolve the situation. We will see what happens.

desocietas

Re: Kickstarter obligations
« Reply #5 on: March 20, 2017, 04:20:10 pm »
Update. I scrolled through all the messages last night on the Shiness kickstarter and finally found at least 2 of the ones that mentioned them telling people about the console physicals and even which minimum pledges would have physical console releases. I have copied those and posted them on their page and a few other pages. Shiness official twitter handle has contacted me about trying to resolve the situation. We will see what happens.

I'm glad they got in contact. I hope you can come to a resolution both parties will be ok with.
Currently playing:
FFXIV (PC), The Witcher (PC), Monster Hunter World: Iceborne (PS4)
twitch.tv/desocietas

soera

Re: Kickstarter obligations
« Reply #6 on: April 11, 2017, 09:48:34 am »
Well, they finally got back with me and this is their response :

"Ynnis Interactive says:

Hello,

If your pack contains a physical copy of the game, you have two options:
- physical copy on PC: you will receive a box + CD
- physical copy on consoles*: you will receive a box with a key for the game inside of the box.
*only one console copy per backer

If you wish to receive your physical copy of the game on console, please contact us at kickstarter@shiness.fr with the email subject "Console box version". Also, please tell us what pack pledged for in your message. We will address your problem as long as you only send one mail per backer. Answers are accepted.

Have a nice day!"

And with that, I requested a refund. I do not consider a code in a box to be a physical copy of anything.

soera

Re: Kickstarter obligations
« Reply #7 on: April 18, 2017, 04:47:21 pm »
Today is the release date I had originally been waiting for years for only now to be disappointed. I was sent a digital code for the PS4 version of the game. I am sad to say that Im probably going to have to take legal matters to get my money refunded.

kashell

Re: Kickstarter obligations
« Reply #8 on: April 19, 2017, 09:24:46 am »
Wait. They haven't refunded your money yet?

guilty0fbeing

Re: Kickstarter obligations
« Reply #9 on: April 19, 2017, 10:06:05 am »
If LRG are not involved, I typically don't back anymore.