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Report: #1101562

Complaint Review: David Saxey - Eagle Idaho

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  • David Saxey Eagle, Idaho USA

David Saxey aka Dave Saxey Fraudulent Kickstarter Eagle Idaho

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David Saxey ran the Kickstart project located here: Precision Machined Metal Role Playing Game (RPG) Dice.

David Saxey requested $13,500 for the project but collected nearly $18,000 dollars which was to be used to manufacture dice and send them to the people who backed his project. As usually happens, the estimated late-June delivery date slid back, with David noting (in late June) that there were some difficulties getting all the raw materials.

There was no further contact until early August when David Saxey said that machining had been completed, but he had decided to buy an expensive laser to do the engraving rather than have the dice professionally engraved. In late August, due to mounting pressure from backers, David Saxey finally claimed that he had actually received the laser and would be confirming shipping addresses for shipping in the next week.

There has been no further contact with David Saxey. He ignores emails, phonecalls, Facebook messages and messages through the Kickstarter website. His supplier, Brian Kennedy, noted in late October that David Saxey was also ignoring his attempts to contact him, and furthermore David Saxey has not paid for the dice that had been manufactured.

The Kickstarter raised $17,968 of $13,500 requested. Kickstarter takes 10%, so David Saxey receieved $15,928. He claims he bought a laser to do the engraving (which he doesn't know how to use) which is about $2,500. So if he bought the laser (he provides no proof other than a picture with no identifying marks) he still has $13,428.20 that is unaccounted for and not being used to deliver merchandise, while he continues to ignore all attempts to contact him.

Kickstarter themselves has said that while their TOS binds project creators to follow through or provide refunds, they can do nothing to help. Amazon Payments will not allow a dispute of a charge past 105 days of the charge, which means that David Saxey strung people along just long enough to get outside the window. Once 105 days was past, David Saxey ceased all contact with people he had taken money from without bothering to send merchendise.

As evidenced by project updates and the passing of the deadline for the project, completion of the project is not forthcoming. Per Kickstarter's guidelines, FAQ, and David Saxey's acceptance of the Creator Responsibility Agreement, David Saxey is legally responsible for the completion of the project. In lieu of completion, he is legally responsible to refund supporters.

See: http://www.kickstarter.com/help/faq/kickstarter+basics?ref=help_nav

Is a creator legally obligated to fulfill the promises of their project?

Yes. Kickstarter's Terms of Use require creators to fulfill all rewards of their project or refund any backer whose reward they do not or cannot fulfill. (This is what creators see before they launch.) We crafted these terms to create a legal requirement for creators to follow through on their projects, and to give backers a recourse if they don't. We hope that backers will consider using this provision only in cases where they feel that a creator has not made a good faith effort to complete the project and fulfill.

See: https://ksr-assets.s3.amazonaws.com/creator-responsibility.png

Your responsibility

If your project is successfully funded, you are required to fulfill all rewards or refund any backer whose reward you do not or cannot fulfill. A failure to do so could result in damage to your reputation or even legal action by your backers. 

The project is well past its delivery deadline.  The last update states that work has completely stopped on the project, is not scheduler to recommence, and that payment for the work done has not been forthcoming from David Saxey, the project’s creator.  My prior electronic correspondence with him on this matter went unanswered.

Mr. Saxey is a mortgage loan officer with the Bank of Cascades.  He should be well versed with the responsibilities and obligations that accompany legal agreements for funds to complete projects.  His actions in the matter have not proven him to be so versed.

As creator of a US based project, he has the ability to refund pledges through Amazon Payments but has declined to do so, based upon his unwillingness to respond to any correspondances from backers.

Kickstater's guidelines suggest use of legal recourse from supporters if they feel that the project creators have not made a good faith effort to complete and fulfill their project.  In this instance, I, and many other backers, feel that David Saxey has not made a good faith effort to fulfill his promises.

I would prefer not to resort to the legal process to settle this matter, either individually or as part of a class action lawsuit. I am currently persuing this matter with my credit card company, despite it being more than six months since payment was made.  If my credit card company is unable to resolve this issue via a chargeback after investigation, legal action is the next and last option available.

Do not do business with David Saxey, and consider the reputation that the Bank of Cascades should have employing such a person as a loan officer.

This report was posted on Ripoff Report on 11/22/2013 04:47 PM and is a permanent record located here: https://www.ripoffreport.com/reports/david-saxey/eagle-idaho/david-saxey-aka-dave-saxey-fraudulent-kickstarter-eagle-idaho-1101562. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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