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Kickstarter and distance selling

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  • sjbrun
    sjbrun Posts: 470 Forumite
    There's not many places where you make a business investment, the business then doens't work out and you can get a refund.

    If you want to buy a product then you go to a shop, kickstarter is for investments where there is risk involved.
  • cono1717
    cono1717 Posts: 762 Forumite
    Part of the Furniture 500 Posts Name Dropper
    A quick google search shows me the original kickstarter page (not the pre-order)
    We will be shipping to most countries in the world barring the following countries due to logistical issues: Argentina, Belarus, Cuba, Iran, Iraq, Lebanon, Libya, Myanmar/Burma, North Korea, Somalia, Sudan, Syria and Yemen.

    Please note: Backers may need to pay for customs and duty depending on where they live.

    https://www.kickstarter.com/projects/2106691934/blocks-the-worlds-first-modular-smartwatch

    ??
  • People keep referring to investment and crowdfunding being an investment. That is not necessarily the case.

    http://blogs.nottingham.ac.uk/allconsuminginterests/2015/11/17/crowdfunding-and-the-consumer/
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    That's a blog and not law, a view that may or not be correct. Too many things are against you than for you.


    The fact that it is made for you and no one else can get yours is your biggest problem as it falls outside distance selling. If your biggest gripe is the customs charge then that's on you and you alone, the information is there you just chose to assume it was from the UK.
  • bris wrote: »
    The fact that it is made for you and no one else can get yours is your biggest problem as it falls outside distance selling


    Although I don't think it will help in this case, it's worth pointing out that just because something has been made to order doesn't automatically mean that the right of cancellation under the consumer contracts regulations has been lost.
    Items that have been personalised are exempt from the right of return but made to order goods are not always personalised.
  • neilmcl wrote: »
    What makes you think they are a UK company, they seem to think they're from the US.
    bris wrote: »
    That's a blog and not law, a view that may or not be correct. Too many things are against you than for you.


    The fact that it is made for you and no one else can get yours is your biggest problem as it falls outside distance selling. If your biggest gripe is the customs charge then that's on you and you alone, the information is there you just chose to assume it was from the UK.

    So many assumptions. I've not got any gripes. I'm just attempting to get others views and whilst it's a blog, it has a much standing as anything written on here.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Threepints wrote: »
    Yes, but I could not remember the new Act. However the same principles pretty much still apply.
    Then if your familiar with the old DSR's you should also know that companies who do not normally sell at a distance are exempt from the regulations. So unless they are specifically set up for distance sales, internet shop, catalogue or tele sales then they can do the odd sale without being subject to the regulations. That is of course that they are not falling under the US laws anyway.
    Threepints wrote: »
    So many assumptions. I've not got any gripes. I'm just attempting to get others views and whilst it's a blog, it has a much standing as anything written on here.
    If you want proper standing and not educated guesses then get proper legal advice.
  • bris wrote: »
    Then if your familiar with the old DSR's you should also know that companies who do not normally sell at a distance are exempt from the regulations. So unless they are specifically set up for distance sales, internet shop, catalogue or tele sales then they can do the odd sale without being subject to the regulations. That is of course that they are not falling under the US laws anyway.

    If you want proper standing and not educated guesses then get proper legal advice.

    I'm not about to get into any arguments about it. But thanks for your advice you've been so helpful :rotfl:

    Does a mod wish to shut this topic down please. I think it's had it's day :)
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Threepints wrote: »
    Does a mod wish to shut this topic down please. I think it's had it's day :)
    Threads are not routinely "shut down" because the OP hasn't received the response he hoped to hear! ;)
This discussion has been closed.
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