Thanks Maul,
I think people just aren't putting it one correctly, there is a little stitched seam around the neck of the cape which needs to aline with the rubber neck.
That way the shoulders of the cape fall naturally. I know it's probably a bit of new purchase hysteria, but I genuinely don't think I have been this impressed with a figure out of a box, obviously he is a hell of a lot simpler in construction than Sparrow, but the detail on it is just fantastic.
Bravo Hot Toys, now lets all hope they don't melt or something!
Thanks Riddick, honestly the figure is that good, all I did was put it on my desk and snapped.