you clearly don't know your international laws or international constitutional laws. I literally operate under the full expectation of my own countries laws that what I pay for is exactly what I get. This country has already had lawsuits on this topic. You clearly don't understand that developing a game is always a risk, especially of in-completion or unforeseen complications, this puts you at risk of backlash. You should read the Australian constitution on Consumer Rights and Contract Law. Not to mention the Lawsuits relating to it and game development. You assume that TW said they are struggling for money and made it known they are at risk and have made clear their intentions. You are literally arguing that a failing business should be allowed to practice unethical and at times illegal practices because they cant own up to their failure. You are collapsing two very different things without addressing both. No, I am an investor in the development towards a completed and acceptable product /service. You speak as if an authority whilst invalidating all previous legal action on this very tangent. Everything always is at risk of critical evaluation and even legal follow up. TW already advertised a hard release two years ago, their excuse was we aren't ready - an admirable and honest evaluation. Now the game is still incomplete and I have not seen anywhere admission of financial hardship - mind you - exactly the legal precedent to argue a refund. This is no different than investing in stocks. You failed to succeed? im going to expect to be able to pull my funds at any time knowing you made a promise and didnt deliver. This is why so many businesses fail internationally, failing to understand specific market cultures and laws.
Isn't that precisely why almost every game in EA development has warnings plastered all over them that you should not buy it if you worry you are not getting what you expect? Sure, I would expect that there would be lawsuits all over the place already if the conditions give you any ground to file a claim. We have plenty of failed early access games, some that even reek of a deceptive trade practice lawsuit incoming. But I cannot find any real precedence for an EA game with a lawsuit out there, neither international nor in my country (Germany).
The game towns for example. This was one of Steams Greenlight releases, before early access was even a thing on Steam. It went to eternal development limbo quickly after raking in about 200.000 USD I think and the steam reviews speak for themselves. Still seems to be in a somewhat playable state apparently, maybe that's why nothing big came out of it.
There are games out there that go EA for deceptive reasons and it's those that I would consider having ground for a lawsuit, as long as it obvious something is not right with the game.
Others simply do not match up to their goals. But those never did anything to deceive you. They offered you to get access to an unfinished build of the game, usually with reduced price, just so you can support them early, but with the risk in mind that the end product might not become what you want it to be. They simply failed, but that alone would never hold ground in a court, especially if they made it clear that you accept the risk of them not finishing the product.
DayZ's short description during EA time simply stated all caps that it is unfinished and you should not buy this game unless you want support the developer early on, just to make this clear and stay on the safe side.
Not saying that you could not try to file a legal claim but I would find it hard to argue for it, at least not on grounds of breach of contract.
Bannerlords start for EA is really bumpy, not gonna argue against it. I would have expected more news on how TW is going to proceed, what transpired the last 8 years, see a roadmap, more direct info from the devs themselves, that kinda stuff. Also the buggy mess the game started in. But I do not think it is as catastrophic as people make it out to be, at least with how TW reacted to the bugs in the last few days. There are EA games out there that start with a lot less game.