yes, it's a fundamentally different product. and that should be a reminder why backing something on kickstarter is not the same as purchasing a product. You made a bet that they would send you the product you wanted. You lost that bet.
There's a bunch of soft language, but it ends with If they’re unable to satisfy the terms of this agreement, they may be subject to legal action by backers.
But as davefp already pointed out, Kickstarter isn't relevant here.
