Really, that's the issue. For those of us who pledged big in Kickstarter, our money is gone. That's always the (understood) risk... and up until this evening, I've never seriously regretted pledging as high as I did. Legally, I haven't a leg to stand on in terms of ever getting that money back.
Actually, this has not been tested in court yet and there's no precedent.
As I understand it, under English law the statements made during the Kickstarter could be deemed as an implied contract irrespective of the boiler plate Kickstarter rules. We'd need an English contract lawyer to determine if this is the case, plus a court case. (To be honest, no-one except lawyers would win in the end, so best not think about it.)