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I bought a Switch from Nintendo and they threatened me with legal action

headmelted.com

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Re: I bought a Switch from Nintendo and they threatened me with legal action

#21

Post by oneeyedpigeon »

harry8 wrote: post #15

One, as far as we know, isolated logistics problem with some ill-trained phone operators not solving it gracefully is the claim. What am I missing that makes this story more interesting than that? Is it just because Nintendo? Or is it exactly this interesting if it were the same story but the product plumbing supplies?

I think it raises some interesting questions about fulfilment, customer support, and what companies should be responsible for in these days of increasing home-delivery. I've also had problems with terrible couriers (haven't we all?) and, at least here in the UK, there are plenty of potential improvements to make.

Should Nintendo be selling this direct at all? Is it really still worth the cost of whatever systems need to be in place to achieve it?

Anecdotally, I received my Switch in the post in perfect condition, via Amazon.

Re: I bought a Switch from Nintendo and they threatened me with legal action

#22

Post by cultvoid »

headmelted wrote: post #19
ajeet_dhaliwal wrote: post #16

I didn't even know you could order from Nintendo directly in the UK, I think they'd be wise to shut this down entirely and work through their retail partners. Just imagine how little resources Nintendo puts into the retail aspect of their operations in the UK. Clearly they can't even train people to do customer service properly without threatening legal action. I understand the sentiment to want to support Nintendo b…

Having looked into it further it looks like at least part of their operation is being managed by The Hut Group - from some contact info - and I found this surprisingly similar link from four years ago. http://www.bbc.co.uk/news/technology-25330615 Hard to say really to what extent there is overlap here. Honestly I'm now starting to wonder if I should pull the article - getting it read is good, but this is more attent…

Don't be daft. Leave it up. As long as the article is truthful, what's the problem? Their appalling treatment of an honest customer should be exposed.

I do think you're totally overthinking this. They made the initial mistake, they need to correct it and at their expense.

They can't do anything to you. Make a "best effort" to return the item and no more. Keep a log of all your correspondence. Don't waste any more than a minimal amount of time on this, certainly don't take days off work etc to wait for couriers.

Re: I bought a Switch from Nintendo and they threatened me with legal action

#23

Post by headmelted »

jbb67 wrote: post #12
Klathmon wrote: post #3

I'm no lawyer, but at least in the US I was under the impression that once something has been mailed to you, it's yours. A company cannot send you something then require payment or for you to return it.

My understanding in the UK is that if someone sends you unsolicited goods and then tries to bill you, it's yours to keep. But this doesn't apply to things sent to you by mistake, which certainly seems to be the case here. You are expected to return the good to the sender at their expense. Although you are expected to facilitate returning it, I doubt any court would look favourably on a company taking you to court for…

This is my understanding, too.

Obviously I'd have preferred to keep it if they'd let me, but if they hadn't freaked me out with talk of legal action and been happy to say something to the effect of get it back to us within (e.g.) 30 days, I could've organised to post it at a weekend I wasn't working.

I couldn't include everything in the whole exchange in the article, but they did suggest collecting it from a place of work - but I don't have one, just my client's site, which isn't an option for that, which was explained.

In any case the courier has now collected the Switch, so at least I should be able to put it behind me.

Re: I bought a Switch from Nintendo and they threatened me with legal action

#24

Post by bufferoverflow »

Kurtz79 wrote: post #8
jarym wrote: post #2

How embarrassing (for Nintendo). As soon as someone threatens legal you just have to tell them you'll only be engaging via lawyers and you'll be seeking to recover your legal expenses from them once the situation is resolved.

A pity that multinational companies can usually afford much better lawyers than the average Joe. It's really not the same as threatening your neighbor with a "We'll see each other in court", for a parking lot dispute.

It's a bluff. Nintendo wouldn't involve lawyers over a Switch, it makes zero financial sense. What happened likely is some tech support drone made a threat, which the corporate never approved.

Re: I bought a Switch from Nintendo and they threatened me with legal action

#25

Post by ajeet_dhaliwal »

Klathmon wrote: post #3

I'm no lawyer, but at least in the US I was under the impression that once something has been mailed to you, it's yours. A company cannot send you something then require payment or for you to return it.

Bear in mind that customer service in the UK is often terrible especially compared to the US (I've been fortunate enough to live in both places) and I've found that some inexperienced or bad customer service people threaten legal action without even being serious about it as a sort of a threat. I was threatened legal action by a car rental company for something related to a flat tire that was nothing to do with me and I had even dealt with the situation at the physical rental place just fine. Nevertheless some representative contacted me several weeks later to threaten me, I told them to stop it and then they never contact me again, several years later I've never heard from them. It's bad customer service. If you call their bluff and say ok, sue me, they'll be surprised. This case (as was mine) sounds so clear cut that why should you feel intimidated. They would lose.

Re: I bought a Switch from Nintendo and they threatened me with legal action

#26

Post by headmelted »

cultvoid wrote: post #22
headmelted wrote: post #19

Earlier quoted context omitted.

Having looked into it further it looks like at least part of their operation is being managed by The Hut Group - from some contact info - and I found this surprisingly similar link from four years ago. http://www.bbc.co.uk/news/technology-25330615 Hard to say really to what extent there is overlap here. Honestly I'm now starting to wonder if I should pull the article - getting it read is good, but this is more attent…

Don't be daft. Leave it up. As long as the article is truthful, what's the problem? Their appalling treatment of an honest customer should be exposed. I do think you're totally overthinking this. They made the initial mistake, they need to correct it and at their expense. They can't do anything to you. Make a "best effort" to return the item and no more. Keep a log of all your correspondence. Don't waste any more tha…

Thanks!

I already have taken the day off work, and the courier has now collected the Switch - so the hope at least is that I'm now done with it, albeit out-of-pocket.

Re: I bought a Switch from Nintendo and they threatened me with legal action

#27

Post by petercooper »

stupidcar wrote: post #17

I have never, ever dealt with any above mid-sized company that handles customer service and delivery well. There seems to be a set of standardised industry practices that are completely and utterly customer hostile. The moment regular company employees stop dealing with customer issues, delivery, etc., and hands it over to "specialists", it's basically a crap shoot whether you can get any issue resolved at all, becau…

I have never, ever dealt with any above mid-sized company that handles customer service and delivery well.

I have. Amazon. Over 15 years now and flawless every time.

Re: I bought a Switch from Nintendo and they threatened me with legal action

#28

Post by cvsh »

This is dumb on the part of everyone involved.

No, you are not taking the moral high ground by calling Nintendo customer service and initiating a back-and-forth on what to do with the mistakenly-delivered extra product. In fact, you are probably costing Nintendo more money than the second Switch is worth by doing so.

There is no reason, ever, unless the cost of the item is extremely high, to initiate a conversation with customer service when you are mistakenly delivered extra goods. The company will take inventory and notice that that it was mistakenly sent. If they don't contact you about it, it's because they want you to keep it because a cost-benefit analysis on their part does not warrant getting in contact with you over it.

Re: I bought a Switch from Nintendo and they threatened me with legal action

#29

Post by cultvoid »

jarym wrote: post #14
Kurtz79 wrote: post #8

Earlier quoted context omitted.

A pity that multinational companies can usually afford much better lawyers than the average Joe. It's really not the same as threatening your neighbor with a "We'll see each other in court", for a parking lot dispute.

Yea but a case like this doesn't need high-powered lawyers. Usually a high-street solicitor will write a letter outlining what's happened, objecting to the legal threat and asking for information on how to return the merchandise. All in all, it should cost ~£60.

£60 is a hell of a lot of money to buy nothing. He doesn't need to do any of that, just arrange to return the item and if Nintendo (or The Hut Group, which is sounds like) screw up the collection, it's their problem. Just keep records of all correspondence.
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