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

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

#72

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.

Yep. Other replies about bad selling experiences notwithstanding, as a buyer, Amazon's experiences are mechanically great. They might sacrifice a seller on an altar every week, and that would be sad, but it makes your statement no less true.

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

#74
Since there seems to be a lot of confusion about the legalities involved, with some people suggesting he should have just kept it and said nothing, I did some research.

In the UK, you have a legal duty to return it. http://www.bbc.co.uk/newsbeat/article/30294748/can-you-keep-... The only exception is completely unsolicited goods, which you can keep. Double shipments must be returned. This doesn’t change the fact that Nintendo was rather rude if the author’s characterization is accurate.

>Items that firms send to you, but you didn't actually order are called "unsolicited goods". You're well within your rights to keep them. You have no obligation to send them back to the company or to pay for them. If a company demands payment, that's a criminal offence. But this doesn't apply to items sent to you by mistake (as happened to Robert); if the order was sent to you twice; or if there's extra stuff on top of what you ordered. If a firm has left goods with you that weren't unsolicited goods, they still belong to the trader and you should try to give them back. Firms can take you to court to recover their goods.

The situation is different in the US, you are allowed to keep all "unordered merchandise" and have no obligation whatsoever to pay or return. No distinction is made between completely unsolicited and double shipments. A legal argument could be made that a double shipment is not "unordered merchandise." I didn't find anything on the legal databases or Google, other than newspaper columnists opining that double shipments are "unordered".

US statute in question: https://www.law.cornell.edu/uscode/text/39/3009

FTC commentary: https://www.consumer.ftc.gov/articles/0181-unordered-merchan...

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

#75
Some will point out (and some have!) that I could have quite easily saved myself a lot of time, hassle, and lost earnings at this point by just quietly holding on to the extra Switch and saying nothing to Nintendo about it. It certainly would have saved me a lot of stress, but it was morally not something I’d ever consider.

That's his mistake right there. He was under no moral obligation to fix Nintendo's mistake for them. Nintendo had made a string of mistakes up to this point, and one of their mistakes was in his favor.

If you truly have a guilty conscience, then just throw the extra package out, because it is abandoned property.

I've had this happen occasionally. Just know that you are not responsible for stuff like this. My Dad had a similar experience, where spent weeks trying to get a company to honor a warranty, and in the end they sent him two replacement hard drives instead of one. I actually interpret this as a kind of karma. Sometimes good things land in your lap, don't reject them.

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

#76

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…

This is SOO true. I ordered some circuit boards from Seeedstudio (good and cheap board fab, btw). I paid extra for DHL to get them quicker. I submitted my boards to Seeed (Shenzhen) October 10. On Oct 16, said they were shipped to DHL. Awesome. Told DHL via their webapp and text messaging that "I do not need signature. Drop at doorstep". 10 boards were a whopping $5. Guaranteed delivery by 19'th, cause thats what I p…

Does this usually work with any Twitter account? Even a new one with no followers? Or do you need to have followers or fame or something for the tweet to carry any weight in practice?

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

#77

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…

This is SOO true. I ordered some circuit boards from Seeedstudio (good and cheap board fab, btw). I paid extra for DHL to get them quicker. I submitted my boards to Seeed (Shenzhen) October 10. On Oct 16, said they were shipped to DHL. Awesome. Told DHL via their webapp and text messaging that "I do not need signature. Drop at doorstep". 10 boards were a whopping $5. Guaranteed delivery by 19'th, cause thats what I p…

I live in France and in the working hours of the delivery guys I'm at work in a different city. I ordered a number of things to my personal address, and the story is typically like: "package delivered" with some strange message from the delivery guy where to find it, or no message at all. Out of the last 3 things I ordered, 2 didn't get to me (I made a claim on Amazon and they reimbursed me, no questions asked - at least), and 1 other was delivered to a shop three streets from my place, and after 2 weeks when no one came to get the thing, a good guy from the shop noticed my phone number on the box and called me.

I try to avoid buying physical stuff in the internet now, way too much stress.

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

#78
post #53

Earlier quoted context omitted.

Looks like you're right. >Q. Am I obligated to return or pay for merchandise I never ordered? >A. No. If you receive merchandise that you didn’t order, you have a legal right to keep it as a free gift. https://www.consumer.ftc.gov/articles/0181-unordered-merchan...

Guess you missed the important part: "Federal laws prohibit mailing unordered merchandise to consumers and then demanding payment."

US federal laws don't apply to the UK. The same thing is true in the UK, but demanding the return of mis-mailed goods is allowed in UK law.

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

#79

Like @bufferoverflow say it's totally bluff. We had all to deal with this kind of small little problem. Why are you crying like a SJW for a Switch? seriously? grow a little. You just waste your time.

What eloquent commentary /s Can someone ban this bozo?

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

#80
post #62

Earlier quoted context omitted.

Public shaming seems to get you the best customer service. We need to use that more often.

Hard disagree on the 2nd point. It seems that needing to reach out to social media to get normal business processes to work has become the default. Now I need to actively be registered on N social media sites and harass the company in question until such time as they bother to respond, instead of having just had to connect with the company and directly resolve the issue.

"We need to use it more" doesn't mean we should have to use it more, just that's the most effective avenue we do have left.
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