Consumer rights on kickstarter goods

AnnoyedConsumer81

Hi all,

I've searched the forums and can't quite find a similar scenario and was hoping the MSE world would be able to give me some guidance.

Last year I made a pledge in a Kickstarter project for some leather luggage.  The luggage was recently delivered and when I opened the box, the goods were clearly damaged (looks like paint, or maybe even concrete, had been spilled on the leather).  The Kickstarter campaign was run by a US seller, although it was actively marketed in the UK (in particular via Facebook and Instagram ads).  I reached out to the seller and they won't send a replacement and I have gone back escalating/appealing.  My assumption is they will still reject my claim, but I was hoping for some guidance on whether the various UK consumer protection acts would apply in this scenario?

Any help would be much appreciated!
Thanks.

born_again

As it is US based you would need to look at their consumer regulations.

AnnoyedConsumer81

Thanks @born_again.

Do the UK regulations not apply given I bought from / am based in the UK?  (For some reason I thought they always applied if the consumer was based here.)

If it is exclusively the US... I hold less hope...

born_again

Consumer Rights are from where retailer is, not where you are.

AnnoyedConsumer81

Ugh, this will be less fun...

I'll do some research on the UKICC website too and the California Better Business Bureau too.

DullGreyGuy

AnnoyedConsumer81 said:

Thanks @born_again.

Do the UK regulations not apply given I bought from / am based in the UK?  (For some reason I thought they always applied if the consumer was based here.)

If it is exclusively the US... I hold less hope...

It all comes down to the T&Cs of what you sign up to, most will specify which jurisdiction applies to the agreement which typically will be the location of the retailer. In the UK and the EU there are some things that are at least best practices (eg in the UK most will say its English Law but if the customer is in Scotland or NI then its their jurisdiction purely for consumer rights matters) but those are limited to their territorial limits.

AnnoyedConsumer81

Thanks @DullGreyGuy

The T&Cs of Kickstarter are NY Law, the seller is California based although Delaware incorporated.  This is going to be a pain in the backside it seems!

Alderbank

California is one of the easier States in which to bring an overseas claim. Anyone can bring a claim wherever they are in the world, with all paperwork dealt with on line. If hearings are required they can be done via Microsoft Teams and some courthouses (San Francisco for instance) even hold out-of-hours sessions for the convenience of claimants from Europe.

I am not sure that start-up support stuff like Kickstarter is just a simple contract of sale. In their T&Cs, Kickstarter talk about setting up a 'pledge' between 'creator' and 'backer'.
I am sure though that the CBBB will help you formulate a claim.

ETA: if not, the California Dept of Consumer Affairs will:
https://www.dca.ca.gov/consumers/complaints/consumer.shtml
'File a Complaint Against a Professional or Business'

Okell

AnnoyedConsumer81 said:

Ugh, this will be less fun...

I'll do some research on the UKICC website too and the California Better Business Bureau too.

Read all of this thread...  Should I accept or fight this restocking fee? — MoneySavingExpert Forum

AnnoyedConsumer81

Thanks @Alderbank!  I do have the California BBB on my action list, but it's great to hear the additional information and context.

Thanks @Okell, will read through that thread too.