Misprinted items...

Scorpion0x17

Hi all,

Hoping someone here can answer the question of where one stands in the following situation:

I backed a board game on Kickstarter.com and should soon be receiving some of the additional promo reward items I got for backing (and some of which I paid extra for).

Now, some people who have already received theirs have stated that some of the items have been misprinted.

The companies behind the game (both the designers and publishers) have stated that as this is a purely aesthetic issue, and doesn't affect game play, they will not be issuing replacements for the misprinted items.

However, whilst it is true that this is primarily an aesthetic issue, it does make playing with those items more difficult, and it is not what I understood I would be receiving when I pledged money for the items.

So, legally, where do I stand?

(the designers and publishers have stated it affects all copies)

Oh, and, in case it makes any difference, the board game designers are French, and the publisher is American.

Hintza

So where is the company/individual resident? That will probably tell you under who's jurisdiction it will fall under.

Scorpion0x17

Hintza wrote: »

So where is the company/individual resident? That will probably tell you under who's jurisdiction it will fall under.

As I said in the OP the board game designers are French, and the publisher is American.

I am in the UK.

browneyedbazzi

I'm afraid it is unlikely you will have any consumer rights here - the way these things usually work is that you haven't bought a copy of the game, you've invested in it's development/production and as a bonus/thank you will receive a copy of the product.

Whether you have any recourse will probably be entirely dependant on your contract with the company. Read all the documentation you have received and see what it says about what your money is for (ie is it an investment or is it a pre-order) and what you will receive in return.

paddyrg

Problem with Kickstarter etc is that you're usually not dealing with businesspeople with budgets, plans, schedules but instead dealing with enthusiasts who guess at a price and dates. They usually also woefully underestimate the costs of fulfilment of the effective pre-orders, which is why so many crowdfunded projects end in tears after the initial euphoria :-(

Perhaps suggest they provide stickers to upgrade the spelling - a bit of a compromise for sure, but that may be the best you'll get.

hollydays

Not proof reading is very poor business practice. If It was a misprint- that would be the printers responsibility but not proof reading is the owners responsibility. There argument it's just aesthetic is not a valid argument, it's an excuse.id ask who exactly was responsible for proof reading.

Hintza

At the end of the day this is not a consumer rights issue in my view and a business investment. The OP hasn't even clarified where the company is domiciled.

OP can you not wait until the Mk II version comes out (of course they could be bust before then). I really don't see a happy outcome on this, unless the company takes off.

zax47

Think of the rarity value! When they sell thousands of the final production item then the mis-printed prototypes will have a value.....

Scorpion0x17

paddyrg wrote: »

Problem with Kickstarter etc is that you're usually not dealing with businesspeople with budgets, plans, schedules but instead dealing with enthusiasts who guess at a price and dates.

In this instance the Publisher is a long standing company with now 9 projects behind them.

And the project for which these items are rewards is the top 'Most Funded' board game on Kickstarter so far.

The Designers, though a relatively new company, have a long history in the gaming industry, and this project is their second Kickstarter with the Publisher (the game being a followup to the first).

hollydays wrote: »

Not proof reading is very poor business practice. If It was a misprint- that would be the printers responsibility but not proof reading is the owners responsibility. There argument it's just aesthetic is not a valid argument, it's an excuse.id ask who exactly was responsible for proof reading.

The Publishers and Designers have publicly admitted that it was their mistake and not the Printers.

The files sent to the printer were incorrect, they chose not to delay delivery by correcting it, and are now refusing to put it right.

Hintza wrote: »

At the end of the day this is not a consumer rights issue in my view and a business investment. The OP hasn't even clarified where the company is domiciled.

I stated this in my OP, and in reply to your first post asking where the companies are based, but I'll happily answer you once again:

The Publishers are American (by which I mean 'an American company').
The Designers are French (by which I mean 'a French company').

Hintza wrote: »

OP can you not wait until the Mk II version comes out (of course they could be bust before then). I really don't see a happy outcome on this, unless the company takes off.

The items in question are one-off promo items, there will be no "Mk II".

And both companies involved, as I stated above, are well established.

zax47 wrote:

Think of the rarity value! When they sell thousands of the final production item then the mis-printed prototypes will have a value.....

Sadly, because these are one-off promos, and there are at least 8,944 of each misprinted item in existence (they were all printed incorrectly), the misprint is more likely to have reduced their re-sale value than increased it!

But I like your thinking!

Scorpion0x17

browneyedbazzi wrote: »

I'm afraid it is unlikely you will have any consumer rights here - the way these things usually work is that you haven't bought a copy of the game, you've invested in it's development/production and as a bonus/thank you will receive a copy of the product.

Whether you have any recourse will probably be entirely dependant on your contract with the company. Read all the documentation you have received and see what it says about what your money is for (ie is it an investment or is it a pre-order) and what you will receive in return.

Kickstarter state clearly, in their terms and conditions, that when a Backer backs a project a contract is formed between the Backer and the Creator, and that the Creator has an obligation to make all reasonable efforts to deliver the rewards they promise.

Also, as the game in question is a sequel to a previous game, and the misprinted items are of a standard format, a precedence has been set for what the items should look like.

The Publishers and Designers have also publicly admitted that the misprint is a mistake.

They are simply, so far, refusing to make correct that mistake.

arcon5

Yes but these are business contracts and investmen related so you need to read the contract.

So the creators are French and someone else an American company - doesn't help really. Which company is actually the OWNER. Or is this a separate uk ltd? Are there directors?