(COMMERCIAL) Problems with Wild West Exodus kickstarter

[GlennF]

Hi,
 I have a problem with Vat due on a Kickstarter that stated that Postage and VAT would be included in the postage costs. After extensive discussions with Outlaw Miniatures refusal to pay the £200 odd pounds VAT bill, in accordance with their Kickstarter promotion FAQ (also quoted on this forum). I am left with no money (£700 plus) and no figures. The package is currently held at the Bristol postal depot and is due to be returned to sender.
PayPal are not interested as it is outside their 45 day period for making a claim.
So, has anyone else experienced this in the UK or Europe? Any help or advice is welcomed.
Thanks
Glenn

[Dewbakuk]

I assume you're in the UK?

Awkward one as they don't say anywhere that they'll cover any charges/costs. Your package should have been shipped from within the UK so that there were no charges to pay in the first place. What reason have they given you for shipping it from the States?

[lou passejaire]

i'm quite affraid you have to pay the VAT ... that's the problem with the kickstarters of companies outside UE .
700£ parcell comming from outside UE will attract the customs ... and they will apply VAT, sometimes even on "gift" .

and the VAT is paid by the last customer .

[Lovejoy]

i'm quite affraid you have to pay the VAT ...

I don't think he does, this is from the KS FAQ:

Shipping to the UK, EU, and Worldwide.
All Customers that are overseas will be receiving their items from our UK warehouse and shipping partner. This means that anyone looking to pledge will not have to worry about international customs and other taxes seen from US packages. Some delays may occur but should be minimal as we have set out a good window for arrival dates on all of your items.

So as Dewbakuk says, the real question is why have they sent it from the US instead of the UK?

[GlennF]

As Lovejoy points out, the outlaw Kickstarter page states that vat is included. Now, no reason has been given as to why they have sent it from the US, despite them sending a container to their agent in the UK. Although I complied with all of Outlaws deadlines, it would appear that my order missed the container to the EU, though Outlaw won't confirm or deny this as being their error.
The issue is that I believe them to be in breach of their own terms and conditions. So what do I do? How do I get my money back?
Cheers

[robh]

First thing is: GET LEGAL ADVICE, you need to speak to a lawyer, ideally one who knows Tort law around misrepresentation and distance selling regulations. It may be that a solicitors letter could resolve this for you.

Secondly (unfortunately) pay the VAT to make sure you get the product you have already paid for. They have fulfilled the pledge which is all they are legally obliged to do under KS rules. If it gets returned you are out £700+ as they are under no obligation to refund.

Horrible situation to find yourself in.

[Wachaza]

Where are they based? US? A quick email, letter or call to the local US trading standards equivalent (Better Business Bureau?) might help.

Paying the gouging buggers the VAT will stop them returning it and depending on the instructions the Outlaw senders might have it destroyed rather than going to the expense of returning. Get  a full receipt from Customs for whatever you pay.

I'd also suggest raising a stink on other forums particularly those with affiliations to Outlaw as that should create a bit more pressure. Have other Europeans experienced the same? Who are the European agents as it might be worth pushing on them as well.

[GlennF]

Many thanks to everyone. The Kickstarter package worth approx $3000 is now awaiting return by the Border Agency. Outlaw miniatures did not respond to the specific issue of what they stated on their Kickstarter webpage about them specifically including VAT in their postal costs.
They actually said that others had to pay their VAT. I would be interested to hear from others who were affected by the VAT issue.
I will post here when I get my refund from visa or Outlaw. I won't be touching anything by Outlaw ever again and will certainly be much more selective in my Kickstarter backing decisions. I will certainly be taking this up with Kickstarter to see if they will do anything. Does anyone have contact details for them? I can't see anything on their website. The report a problem page is a list of closed options that do not cover this problem.
Thanks