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Post by Avalanche on Feb 18, 2015 21:12:58 GMT
No idea if posting links here works, but the thread "TIME FOR ACTION!!!!!" in "Godus and 22Cans discussions" ( godus.boards.net/thread/737/time-action ) talks about complaining to Kickstarter and trying to get a refund from them. I've not seen anyone saying otherwise, but this will not work. A good link in the TIME FOR ACTION thread, for useful information and advice is: steamcommunity.com/app/232810/discussions/0/618453594743761958/ ( mirrored at pastebin.com/UHsBKjgY ) The reason that complaining to Kickstarter will not work is Kickstarter are very much covered. In the Terms of Use in effect at the time ( www.kickstarter.com/terms-of-use/oct2012#fundraising_and_commerce ) it states "Kickstarter does not offer refunds." In addition: "Kickstarter is a platform where Project Creators run campaigns to fund creative projects by offering rewards to raise money from Backers. By creating a fundraising campaign on Kickstarter, you as the Project Creator are offering the public the opportunity to enter into a contract with you. By backing a fundraising campaign on Kickstarter, you as the Backer accept that offer and the contract between Backer and Project Creator is formed. Kickstarter is not a party to that agreement between the Backer and Project Creator. All dealings are solely between Users." It means that Kickstarter will not do anything if someone clicks "Report this project to Kickstarter" after a Campaign has finished. They have *nothing* to do with the contract. The Campaign Creator on the other hand is very much responsible. I say this as I didn't want people organising around complaining to Kickstarter or expecting them to do something about Godus, as they wont. Also note, I know nothing about ProBoards. I just thought this might be useful. Avalanche (From Kickstarter)
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Lord Ba'al
Supreme Deity
Posts: 6,260
Pledge level: Half a Partner
I like: Cats; single malt Scotch; Stargate; Amiga; fried potatoes; retro gaming; cheese; snickers; sticky tape.
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Steam: stonelesscutter
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Post by Lord Ba'al on Feb 18, 2015 21:24:03 GMT
Thanks for sharing this tip Avalanche.
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Post by Avalanche on Feb 25, 2015 17:13:54 GMT
This may have already been covered, but I couldn't find anything: People may not be aware of the Chargeback system ( en.wikipedia.org/wiki/Chargeback ), which under certain circumstances allows people to claim money back from Credit Card transactions. A useful link for those in the U.K. is www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback , but the scheme operates in the U.S as well. I claimed money back from the Elite Dangerous Kickstarter and it was all resolved in a week. Conditions can vary, but it's worth a look.
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Lord Ba'al
Supreme Deity
Posts: 6,260
Pledge level: Half a Partner
I like: Cats; single malt Scotch; Stargate; Amiga; fried potatoes; retro gaming; cheese; snickers; sticky tape.
I don't like: Dimples in the bottom of scotch bottles; Facebook games masquerading as godgames.
Steam: stonelesscutter
GOG: stonelesscutter
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Post by Lord Ba'al on Feb 25, 2015 17:26:09 GMT
Generally speaking, if a payment was made by creditcard a chargeback can be done up to 6 months after the transaction date. Different creditcard companies could have different timeframes for this though. I believe visa allows them at all times, no specific timeframe, but I could be wrong. I don't have any creditcards myself and have never had them so what do I know. With paypal you might also be able to get a refund but different countries have different paypal rules. In any case it has been so long since the kickstarter now that I suspect neither paypal nor most creditcard companies would allow a refund or chargeback.
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Post by Qetesh on Feb 25, 2015 17:30:13 GMT
I would say most court settlements are cash, and this would need to be too. I don't even have the card I used for this, 2 plus years ago.
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Post by Avalanche on Feb 25, 2015 22:45:46 GMT
@ Lord Ba'al The devil is in the details and the little I understand applies to the U.K. only, but crucially the 120 days is from the point at which one "become aware of a problem", not from the date of purchase. And only Visa seems to have an additional limit of 540 days from the point of *purchase* (as well as the 120 limit), so that can rule out a fair number of Kickstarters ( [ from www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback ] Such protections also apply to Debit Cards as well as Credit Cards. I would *suggest* people read as much as they can and see what applies to them (either in the U.K. or the U.S. or any other country that there may be different protections and with different Cards); if appropriate contact the people who supplied the card; and follow their advice. Again, there is a 120 day limit after finding out there is a *problem*, so waiting to see how things go with Godus before contacting one's bank/card supplier, could pass the 120 limit and leave a claim invalid, so best to ask early, I think. What I *can* say for certain, is that with Elite Dangerous being funded on January 5, 2013, I was still able to claim the money back without a problem, so worth a look, I think. @ Qetesh [ damn Goa'uld are everywhere... unless you're just *impersonating* Qetesh ) ] A Chargeback is a credit back to one's Credit Card or Bank Account linked to a Debit Card. No court or cash involved. It's up to the card supplier to decide. The scheme is voluntary, but is adhered to if the Bank participates. Different rules may apply, but it worked for me ) I can't see how you would need to actually still *have* the card. Any records of the Card/Bank Account number and the date of the transaction should suffice. Plus any security questions, of course. @ All I have no idea about the U.S.! In *any* case, I would say find stuff out. Read. Read some more. Contact your bank and ask them ) I don't know about PayPal either.
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Post by Avalanche on Feb 25, 2015 22:49:35 GMT
Sooooo... ProBoards has automatic smiley replacement. *That* messes up habits going back years.
I shall overcome : o )
Meh, it looks weird that way.
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Post by Qetesh on Feb 25, 2015 23:48:05 GMT
If you don't have the account active, you would need real cash to get your money back. In USA, settlement monies are generally in checks regardless of how original payment was made. If a lawsuit occurs, it is not paid in credit refunds, it is paid in CASH. If not so, you would also be liable for interest due to that credit charge from years ago(think punitive and not just compensatory damages), and would be much more if compounded. This is why legal repayments are in cash and credit/debit rules are not valid. if you owe, you owe it. The court decides and regulates settlements once a case is on the books. Banks/Cards/Paypal have no say. If you agree you are liable to pay a settlement you don't do it via credit companies. You have to send cash, via checks or EFT, this is not a business regular refund, this is a legal obligation. It will directly come out of your companies bank account and you will want it too, to appease court financial auditors. No court settlements are paid via charge-backs.
.....Just my 2 cents from running a business in USA and my paralegal courses
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Post by Avalanche on Feb 26, 2015 0:58:00 GMT
@ Qetesh
If you don't have the *account* anymore, then money cannot be credited back directly (obviously), but I don't think that means that any money is not refundable (not that you said otherwise). They could use cash as you said, but I would have thought a cheque would be much more likely. Even if a repayment to you was in cash, would that be a problem? I'm not sure I understood what you meant there.
I'm not sure if we're at cross purposes in general, but as I understand it, it wouldn't involve a lawsuit at all. The Chargeback scheme operates separately, although I'm sure it could *escalate* to a lawsuit (as with many things). But I would think that would only happen if one party decided to go outside of the scheme.
Again though, I have limited knowledge and experience: different countries, different Cards types (Credit or Debit), different issuers and it's voluntary, so many, many possible combinations. It worked for me and as I understand it the system is based around Consumer Protection, so it could be useful. But it would be the Card issuer (as a participant of the Chargeback scheme) that makes the decision, not a court. But you may have been referring to something else, or giving an example.
Not to worry. It was just a suggestion to those who might have been looking for a way to get their money back from the Godus Kickstarter and didn't want to go the route of Letter Before Action (here in the U.K.) and the like, as with Elite Dangerous.
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Post by Qetesh on Feb 26, 2015 2:06:58 GMT
Yes a check is exactly what I am referring to versus a credit refund. In my case, I changed countries over the last 2 years and so they would need to find other means since I should not be penalized for doing so. I highly doubt we will see a penny without a lawsuit but I would be over joyed to be wrong.
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Post by Avalanche on Feb 28, 2015 1:30:13 GMT
@ Qetesh
You changed countries as well? That doesn't help. In theory it would still be possible, but getting a Chargeback takes at least a bit of contact with the issue bank and that's more expensive/difficult from overseas.
I don't know about Godus, but it didn't take a lawsuit for a fair number of people to get money back from Frontier Developments about Elite Dangerous. It *did* take a lot of perseverance and a fair number of Letters Before Action. 22cans is in the U.K. and generally it's pretty strong on Consumer Protection, but maybe you're right. We will see. I'm not sure if the general feeling is as strong as it was with Elite Dangerous. It doesn't appear to be and that can be a factor, but there are still a number of mechanisms in place before a lawsuit.
I've no word back from 22cans after I contacted them, so I'll contact my bank Monday morning and go from there.
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