They wouldn't have built the unit without your order. -> They wouldn't have bought the materials to build it. What if the price drops within a short time -> manufactors issue? I don't think so.
"for the supply of goods which by means of their nature cannot be returned (e.g. personalised goods) or are likely to deteriorate or expire rapidly (e.g. dairy products);" -> it's "e.g." only
Maybe this applies to:
"for the supply of goods or services which are priced according to fluctuations in the financial market and cannot be controlled by the supplier;"
Dunno what you are goin to tell us.
Milk products, vegetables, fruits ... expire rapidly, it makes sense to not apply DSR 3 months after purchase of this kind of products.
Fluctuations in the financial market affects only financial products, shares and shit like this. You cant go to facebook an return the shares coz the price dropped 50% within last 2 months and you want your deposit back.
Not everything is "black" or "white" only (your given products), there is a lot of "grey" between.
I won't bet on my opinion at court, nor on yours.
@Mikebeav3r
A lot of products on kickstarter are specefied very exactly upfront + shipping date.