Deaj
100+ Head-Fier
Congratulations, this post read to me as extremely condescending. Contrary to the pseudo legalese, we in fact did purchase a product. In fact, a product that was already in manufacturing.
Any protestations to the otherwise defies common logic. In this case, use of Kickstarter was a way to generate group enthusiasm for a completed product, not invest in R&D for an unproven concept.
As I am backer #140, I must say it is frustrating to see so many later backers get their products and at least tracking information. Personally, at this point I would like to receive my unit (gray) and have HiBy refund my leather case as I will have two plastic cases and that is enough for me.
Since Joseph Yeung is involved I know I will eventually get a product. He is a high calibre person and I respect his work. I just am not particularly pleased about how this has played out in my case so far.
I am sorry if my post came across as condescending - this was not my intent.
I stand by my assertion that we did not purchase a product. Regardless of who start a crowd funding campaign, their reputation, how that reputation affects perceptions regarding a crowd funding campaign, or what they post as their current state of progress - crowd funding is crowd funding, and nothing is guaranteed.
Our payments was submitted through a pledge transactions showing rewards to be received if the campaign goals are met. Anything can go wrong at any time and in crowd funding campaigns things go sideways far more often than not. Just because this campaign was pretty much a shure thing doesn't change the nature of the transactions we made to support this campaign. As it happens the R3 campaign was successful and folks are receiving the rewards associated with their pledge of financial support.
I live in the state of Washington in the U.S.. For the most part the law protects individuals from signing their rights away. Gift certificates in state may not expire by law. One's contract with a car dealer may easily be undone by the law if the car turns out to be a lemon or if there is any sign that the dealer may not have completely kept their side of the purchase contract. I could continue but I imagine you've got the gist at this point.
Here in Washington, even if a crowd funding effort originates in this state one word have a hell of a time gaining any ground if they choose to sue a person or organization for not sending out rewards on a seemingly successful crowd funding campaign unless there is sufficient evidence of purposeful fraud. Beyond that a pledge to monetarily support a crowd funding campaign is just that, and the information provided through Indiegogo, Kickstarter, etc. to potential backers makes it clear that a monetary pledge is not a purchase for goods or services.
If a very real threat of multiple law suits or a class action law suit loomed over every crowd funding campaign that fails to succeed after being voluntarily funded through pledges no one in their right mind would use crowd funding services. The frisk is assumed by those who pledge money to support a given campaign, just as investors carry the financial risk when they invest in a company they believe will succeed, thus increasing the value of their investment. This type of investment differs from crowd funding as one is purchasing a percentage of ownership when the buy stock in that company. In crowd funding there is no such transaction, just a pledge to give money to an individual or company in hope that they will succeed and send the rewards associated with one's pledge.
If I missed something in my own due diligence prior to pledging money to HiBy's R3 campaign that indicates that a pledge is indeed a purchase of good or services then I'll update my posts and make it clear that I've been wrong in my assessment of a crowd funding pledge transaction, and provide the information to correct my current posted assessment.
I don't really have a dog in this hunt. I know that HiBy will make good on the rewards earned by backers, and that I will receive an R3 in the near future. I was just as prepared to receive nothing, however, as Kickstarter made it clear (as I read it) that I was not actually purchasing anything with my pledge. I would not have been upset if this effort had failed altogether. That was the risk I assumed.
My posts on this topic were/are not meant to do any more than to provide some perspective regarding the reasonably short delays in shipping rewards (for a Kickstarter campaign) and the various expressed expectations in backing this campaign. My hope was to provide an alternate perspective that casts a better light on the responsive and reliable HiBy team. Those rewards are being shipped and we'll all receive them soon. This is a good thing!