Item lost by courier, retailer 'doesn't know how long it will take to replace' - options

OnyxTheCatDND

So I backed a boardgame on Kickstarter last year and have been really excited about receiving it. I received an email on 2nd October saying it would be delivered in 2-3 days. Evri also emailed to say it would be delivered on 3rd October and then promptly lost it before it could be delivered to my home.

I have contacted both the US publisher and the UK fulfilment company to request a replacement, but both are saying they can't consider replacing it until all other fulfilment is complete and they have done a stocktake. I have asked for a timeframe and they say they don't know.

Where do I stand with the Consumer Rights Act - it seems to imply that 30 days is the maximum reasonable time (does that start from 2nd October, or from when the item is confirmed missing?) but if the replacement has to be manufactured and shipped from overseas, that could take months...

I really want this item, so asking for a refund is counterproductive, is there anything else I can do or try to resolve this (customer service doesn't seem to care and a 1 star trust pilot review has been ignored)?

El_Torro

Good old Evri, they seem to lose more parcels than they deliver.

The thing about Kickstarter is it allows the seller to make a certain amount of stock and no more. Since they have a guaranteed sale volume they can do just one production run, keeping costs to a sensible level. Some sellers will make more than the minimum and sell on their website or wherever, though in my experience many don’t.

I think the most you can do is hope for the best. If the seller sells out they’re not going to do another production run just for you. If they refuse to send you the stock and give you a refund I don’t think they’re doing anything legally wrong. 

Okell

OnyxTheCatDND said:

So I backed a boardgame on Kickstarter last year and have been really excited about receiving it. ..

... I have contacted both the US publisher and the UK fulfilment company to request a replacement... 

... Where do I stand with the Consumer Rights Act - it seems to imply that 30 days is the maximum reasonable time (does that start from 2nd October, or from when the item is confirmed missing?) but if the replacement has to be manufactured and shipped from overseas, that could take months...

Does the Consumer Rights Act 2015 even apply to this sort of transaction?

See Chapter 2, s3 - 8.

Alderbank

Okell said:

OnyxTheCatDND said:

So I backed a boardgame on Kickstarter last year and have been really excited about receiving it. ..

... I have contacted both the US publisher and the UK fulfilment company to request a replacement... 

... Where do I stand with the Consumer Rights Act - it seems to imply that 30 days is the maximum reasonable time (does that start from 2nd October, or from when the item is confirmed missing?) but if the replacement has to be manufactured and shipped from overseas, that could take months...

Does the Consumer Rights Act 2015 even apply to this sort of transaction?

See Chapter 2, s3 - 8.

That's an excellent question.

Kickstarter's T&Cs say
Kickstarter provides a funding platform for creative projects that have yet to come to life. When a creator posts a project on Kickstarter, they’re inviting other people to form a contract with them. Anyone who backs a project is accepting the creator’s offer, and forming that contract.
Under that contract between creator and backer, the backer might receive a reward.
Backers agree and acknowledge they’re not buying something when they back a project—they’re helping to create something new, not ordering something that already exists. A reward is not guaranteed.

Chapter 2 of the Consumer Rights Act applies to a contract for a trader to supply goods to a consumer. 

It applies only if the contract is one of these  —

(a)a sales contract;

(b)a contract for the hire of goods;

(c)a hire-purchase agreement;

(d)a contract for transfer of goods.

@OnyxTheCatDND, I have a few questions:

• Who is your contract with?
• Are they a 'trader' and are they registered in UK or USA?
• What are the T&Cs of your contract with them?
• Which part of the Consumer Rights Act do you believe applies?

OnyxTheCatDND

Thanks everyone, this was the largest Kickstarter so far, raising millions and smashing the targets, so it's not a little one that just about made enough to get by... They are pushing to retail in November.

I guess my question is does the Consumer Rights act give me any way to lean on the company to replace my lost delivery sooner rather than later - I don't especially want to wait weeks or months for something I was promised would be delivered 2 or 3 working days after 2nd October.

Alderbank

Onyx, I'm sure that as soon as you answer my questions, posters here will be able to answer your question.

OnyxTheCatDND

@OnyxTheCatDND, I have a few questions:

• Who is your contract with?
• Are they a 'trader' and are they registered in UK or USA?
• What are the T&Cs of your contract with them?
• Which part of the Consumer Rights Act do you believe applies?

I'm not a lawyer or any kind of expert, so I'll do my best to answer.

Qs 1 and 2. Brotherwise Games are the publisher (a US based company, so presumably a trader), I presume the contract is with them, however they are using a UK based fulfilment partner, Games Quest, I'm not sure if I have a contract with them. Would an email saying they are going to deliver my order count as a contract?

Q3. Unsure what would count as a contract with T&C's in this case - other than the Kickstarter ones referenced 

Q4. Section 28 of the Consumer Rights Act talks about delivery within a reasonable amount of time. The fulfilment company stated in an email that my order would be delivered 2-3 working days after 2nd October. They have failed to do so - do I have any rights or grounds to push them to make right or do I just have to wait and hope their terrible customer service sorts itself out 

TELLIT01

The 1 star review probaby hasn't been ignored.  It has resulted with you being moved to the back of the queue for getting the issue resolved.

It's only been a couple of weeks since you contacted the vendor in the USA so there hasn't been much time to resolve the issue from their end and they have explained why they can't give a definitive date for a replacement.

born_again

Any rights are against the company you paid for the item.
So either Brotherwise Games (USA) or could be Kickstarter, depending on who was paid.

Kickstarter has come up before & causes issues.

How long ago was the payment for this made?

Alderbank

Kickstarter (New York State) say they introduce investors to creators, for which they charge the creator a fee (5%). They say the contracts which they help creators to set up with investors are not contracts for sales, the purpose of the contract is investment in the future success of the enterprise. They say the creator might give investors 'rewards' but these are not guaranteed.

Brotherwise (California) are the game developers and seem to be the entity with whom the OP has the contract. Brotherwise have B2B contracts with Kickstarter, one or more printers, and Games Quest. Games Quest carry out  warehouse and distribution of products from the printers and have B2B contracts with various couriers worldwide including Evri in the UK.

OP does not appear to have contracts with Games Quest or Evri.

saajan_12

OnyxTheCatDND said:

Thanks everyone, this was the largest Kickstarter so far, raising millions and smashing the targets, so it's not a little one that just about made enough to get by... They are pushing to retail in November.

I guess my question is does the Consumer Rights act give me any way to lean on the company to replace my lost delivery sooner rather than later - I don't especially want to wait weeks or months for something I was promised would be delivered 2 or 3 working days after 2nd October.

Are they offering a refund? If so, could you take that and buy a new one if the kickstarter round is that big or they'll be in retail soon anyway?