On 09/09/16 19:37, Luke Kenneth Casson Leighton wrote: > certainly, pledges are "gifts" - there's no > warranty, there's no contract of sale, they're *definitely* not > "orders". that's very very important even in light of the fact that > i'm here on a 90-day visa waiver! customs declaration *specifically* > asked, "are you bringing in product for the solicitation of orders" > and the *only* reason i was able to say *NO* to that was precisely > because this is a gift-economy-based crowd-funding campaign.
I don't know anything about visa waivers, but it seems worth pointing out that Crowd Supply pledges do not appear to be gifts. They are covered by a contract: https://www.crowdsupply.com/terms-of-use It says, among other things: "Creator: a User responsible for running a Campaign, filling Pre-orders, or otherwise supplying products for commercial sale. [...] A Creator is required to fulfill all Premiums of a Creator’s successful Campaign or refund Pledges to any Backer whose Premium the Creator does not or cannot fulfill. A Creator may cancel and refund a Backer’s Pledge at any time and for any reason, and, in so doing, is not required to fulfill the Premium." IANAL, but that looks quite a lot like a contract of sale to me. Also, Crowd Supply definitely promotes itself as a store: https://blog.crowdsupply.com/2013/03/04/crowd-supply-is-a-store/ http://thenextweb.com/insider/2015/12/09/crowd-supply-is-succeeding-where-kickstarter-and-indiegogo-are-failing-miserably/ >> I follow another crowd-funding campaign where manufacturing may have been >> done >> at levels to fulfil both pledges and orders from retailers, but then I start >> to wonder about things like warranties (and such): a "pledger" is getting a >> reward, but a customer through a retailer is getting a purchase that is >> presumably regulated rather differently. > > yeahyeah. the moment that for example chris, my sponsor, starts > *selling* through *his* web site (which he can now do as the contract > period with crowdsupply is over), that *definitely* qualifies as > "sales" Now that the crowd-funding period is over, Crowd Supply has switched to offering pre-orders, which are distinct from pledges under the terms linked above. I have no idea what regulatory implications that has, if any. Oddly, the wording around pre-orders seems to be more lax than the wording around pledges. Perhaps an oversight on the part of Crowd Supply or whoever drafted their terms of use. - spk _______________________________________________ arm-netbook mailing list [email protected] http://lists.phcomp.co.uk/mailman/listinfo/arm-netbook Send large attachments to [email protected]
