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+--- Thread: Considering Legal Action (/showthread.php?tid=1434)
Considering Legal Action - ChasFred - 06-18-2016
After repeated emails to Pine64, Kickstarter, and Backerkit with no sresponse except bot type emails I am considering legal action. I pledged to a $89 package. Received a tracking number that said the package had been delivered over a month ago and the shipping address for the tracking number was not MY address.
I am starting to think the whole thing is a scam.
Totally feed up!
Charles in AZ
RE: Considering Legal Action - Tarjei85 - 06-18-2016
That sucks. Probably got some other guys trackingnumber. (Has happened to me a few times (from other places)).
When it comes to the legal actions you are talking about, I would NOT recommend you to go down that path. We as backers dont have any "rights" regarding recieving any items (as clearly pointed out in the kickstarter user agreement). We are investor and therefore we invest instead of buy. We invest in an idea of a sbc with the promoted features.
All investments come with a risk of loosing your money, but in this case the Pine team has had an enormous response to their campaign and therefore are struggeling with the amount of bords that needs producing and shipping in a short amount of time.
Of course it sucks that you dont have the right tracking number and also it sucks that you haven't got your Pine yet.
When it comes to the email response I must say its not good that they cant reply you other than some auto generated answer, but think of it. With $1.7M in pledge and all the preorders as well they are most likely overwhelmed with work, and they probably get hundreds, if not thousands of emails daily regarding shipping and other stuff.
To make a long post short I would NOT advise you to take legal actions against the Pine team. You WILL lose.
And the scam comment is totally unspoken for. There are many pledgers that have received their Pines so this is most definately not a scam, just some startup problems (like any other new business).
RE: Considering Legal Action - RichT - 06-18-2016
I agree... with ChasFred.
It does feel remarkably like some of us who were Kickstarter backers have basically had our money stolen. How convenient for Pine that we have no recourse to recover our funds under the Kickstarter agreement. How convenient for Pine that they don't have to respond to our emails requesting order updates or a tracking number or just ANY GODDAMN INFORMATION AT ALL for weeks and weeks and weeks, because there's nothing we can do about it. How convenient for Pine that their major issue is that they made far more money than they were expecting to but they don't have to actually deliver on any of those Kickstarter promises.
RE: Considering Legal Action - tllim - 06-18-2016
(06-18-2016, 10:48 AM)ChasFred Wrote: After repeated emails to Pine64, Kickstarter, and Backerkit with no sresponse except bot type emails I am considering legal action. I pledged to a $89 package. Received a tracking number that said the package had been delivered over a month ago and the shipping address for the tracking number was not MY address.
I am starting to think the whole thing is a scam.
Totally feed up!
Charles in AZ
Sorry on your waiting and fed up. Pleaes provide your backer order number and I will work on it.
RE: Considering Legal Action - Bluphire - 06-18-2016
Hey man, I backed the $89 pledge as well and upgraded to the 2gb on backerkit. I am also in AZ. Buckeye to be exact. When I was tracking my package originally, there was a mix up when I as tracking. I clicked the tracking number in the email and then mistakenly clicked on another tracking number on the page that popped up which was for a completely different package. After some clarification from pine and me realizing my mistake, I was able to track MY package and successfully followed it to my mailbox 3 weeks ago. If you don't mind, will you PM me your tracking number so I can check it as I checked mine? If you include a phone number, I can screenshot you a pic of the tracking info. I did the same for a gentleman on FB who was in the same boat as you and I and it turns out he did as I did and in reality, he should have his this coming this week according to the tracker.
Best of luck bud,
Matt
RE: Considering Legal Action - dkryder - 06-19-2016
so, this is from kickstarter.
explains the relationship between creators and backers of Kickstarter projects, and who’s responsible for what. This is what you’re agreeing to when you create or back a Kickstarter project.
Kickstarter provides a funding platform for creative projects. 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.
Kickstarter is not a part of this contract — the contract is a direct legal agreement between creators and their backers. Here are the terms that govern that agreement:
When a project is successfully funded, the creator must complete the project and fulfill each reward. Once a creator has done so, they’ve satisfied their obligation to their backers.
Throughout the process, creators owe their backers a high standard of effort, honest communication, and a dedication to bringing the project to life. At the same time, backers must understand that when they back a project, they’re helping to create something new — not ordering something that already exists. There may be changes or delays, and there’s a chance something could happen that prevents the creator from being able to finish the project as promised.
If a creator is unable to complete their project and fulfill rewards, they’ve failed to live up to the basic obligations of this agreement. To right this, they must make every reasonable effort to find another way of bringing the project to the best possible conclusion for backers. A creator in this position has only remedied the situation and met their obligations to backers if:
they post an update that explains what work has been done, how funds were used, and what prevents them from finishing the project as planned;
they work diligently and in good faith to bring the project to the best possible conclusion in a timeframe that’s communicated to backers;
they’re able to demonstrate that they’ve used funds appropriately and made every reasonable effort to complete the project as promised;
they’ve been honest, and have made no material misrepresentations in their communication to backers; and
they offer to return any remaining funds to backers who have not received their reward (in proportion to the amounts pledged), or else explain how those funds will be used to complete the project in some alternate form.
The creator is solely responsible for fulfilling the promises made in their project. If they’re unable to satisfy the terms of this agreement, they may be subject to legal action by backers.
RE: Considering Legal Action - RichT - 06-19-2016
Well. Someone's in trouble.
RE: Considering Legal Action - Bluphire - 06-19-2016
They are doing their part according to that post. The backers who are impatient and threatening lawsuits are not doing their part as the above statement reads. I would advise against backing any future products on kickstarter if I were one of those complaining.
RE: Considering Legal Action - ChasFred - 06-19-2016
(06-19-2016, 12:34 PM)Bluphire Wrote: They are doing their part according to that post. The backers who are impatient and threatening lawsuits are not doing their part as the above statement reads. I would advise against backing any future products on kickstarter if I were one of those complaining.
I received notice over a month ago that it had shipped with a tracking number, but the number shows nothing useful when tracked. If the creator does not deliver then they are liable. You can be sure I will not be getting involved with any more of this style project.
RE: Considering Legal Action - phloog - 06-19-2016
It is not a scam - I have my stuff.
This comes down to Hanlon's Razor - - don't assume they are bad people -- they just seem completely incapable of doing this properly.
Some people don't have their stuff, but it's not a scam...I have my board and it's completely unusable (no video output).
I get that KS has Terms and Conditions, I get that...but what they NEED is a way for backers to flag INDIVIDUALS - some kind of rating system that is INESCAPABLE. That way, I could give the people involved with this sad joke of a project a ONE STAR rating, and make a comment to the effect that the board they sent me doesn't work, and doesn't seem to be able to be MADE to work. You could give them one star and talk about shipping..but then that rating should FOLLOW them in case they ever forget that they don't know what they're doing and make the mistake of trying to do ANOTHER project, and take even more poor folks down with them.