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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

#191

Post by ajeet_dhaliwal »

nothrabannosir wrote: post #108
jakub_g wrote: post #77

Earlier quoted context omitted.

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 l…

Amazon lockers are the best thing since sliced bread. They put the ball back in your court to pick it up, when you have time. Removes the stress completely and makes ordering pleasant again. Keep an eye out for them, if you can.

I almost never have to return anything but the one time I had a defective item I decided to use a locker for the return exchange and it never worked, they were always all full (London, UK) so then I had to end up going to a post office anyway.

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

#192

Post by wbhart »

apostacy wrote: post #88
wbhart wrote: post #83

Earlier quoted context omitted.

Quite often the reason for receiving two items is that the first got stuck somewhere in transit, the customer complained so the company sent out a second item, and eventually both turn up. It seems reasonable under those circumstances for the company to ask for the second one back (politely of course, threatening the customer is never right).

I disagree. The company is now imposing on you for something that is absolutely not your responsibility. They have money set aside for losses like this. It sounds like Nintendo should ask the courier company to fix things, not you. In a way, he is also a victim of the courier company's bad service, except that the mistake was in his favor. And also, think about what that implies. How far are you supposed to go if the…

In consumer law in the EU (which the laws of the UK are supposed to reflect), I believe entities that enter into a consumer contract are in principle, treated equally. That means you have to minimise their losses in the event of a dispute, in the same way that they have to minimise your losses. I would imagine that principle would apply here, though I don't happen to know the specifics of the law in this case.

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

#193

Post by dudul »

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.

Would it be a better alternative to threaten to take it to Twitter or to specialized press?

I've never done it, but I observed that contacting customer service on Twitter is usually very effective.

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

#194

Post by pjc50 »

mirimir wrote: post #170
pjc50 wrote: post #145

Earlier quoted context omitted.

I don't recommend engaging council for this because it will cost you a fortune . And in the not unlikely event that you lose, you have to pay their costs as well. You have to ask yourself, "is this something worth spending my house on?"

By "engaging counsel", I didn't mean suing them. I meant getting professional advice regarding the situation.

That tends to involve less than a house, but still costs more than the Switch itself.

(I just got a quote this morning for a what I thought would be simply "explain my property deeds", and it came out at £500...)

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

#195

Post by pjc50 »

sametmax wrote: post #180
pjc50 wrote: post #148

Earlier quoted context omitted.

I think this kind of thing really does depend on whether you're dealing with a small startup or even an individual human that you're screwing over, or a giant implacable machine like a multinational corporation. There's no obligation to be nice to the machine, it can't recognise it, and it won't be grateful to you.

+1. The machine analogy is excellent. You have moral obligation to humans. You may decide to have moral obligation to society if you like the one your in and want it to grow. But you have zero obligation toward a souless entity. It's a robot. Optimized for profiting from a service it failed to perform adequatly.

A human may harm a robot; or, through inaction, allow a robot to come to harm.

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

#196

Post by ramzyo »

crankylinuxuser wrote: post #44
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…

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’ve had similar experiences with delivery companies (UPS seems to be the worst for me) over the years, and sort of just accept now that this happens from time to time. After all, the “fucknut idiot” delivery driver is just a person who can makes mistakes like the rest of us. If they don’t deliver on time, I reach out to customer service and ask for a refund (works well, if you can put up with the hassle of calling)

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

#197

Post by wbhart »

sametmax wrote: post #182
Boothroid wrote: post #149

Earlier quoted context omitted.

Just checked UK law. If you receive an extra item as part of a replacement for a broken item or similar and use it the sender has the right to demand payment for the extra item. The correct course of action is to contact the sender who can then choose to collect at their own expense. I was surprised by this - I thought it would constitute unsolicited goods but it does not due to the extra item having been sent as rem…

So if my IT system messes up and sends you 10 TV, you have to pay for it or get out of your way to fix it ?

No, but you might be required to make reasonable accommodations to allow them to fix it, or minimise the cost of repairing it for them (at their expense). As I understand it, you couldn't just pick the most expensive solution and charge it to them, or obstruct every attempt they made to rectify the problem, simply because you were annoyed/inconvenienced. You may also be required to do other things to minimise the losses they have to compensate you for.

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

#198

Post by m-p-3 »

apostacy wrote: post #88
wbhart wrote: post #83

Earlier quoted context omitted.

Quite often the reason for receiving two items is that the first got stuck somewhere in transit, the customer complained so the company sent out a second item, and eventually both turn up. It seems reasonable under those circumstances for the company to ask for the second one back (politely of course, threatening the customer is never right).

I disagree. The company is now imposing on you for something that is absolutely not your responsibility. They have money set aside for losses like this. It sounds like Nintendo should ask the courier company to fix things, not you. In a way, he is also a victim of the courier company's bad service, except that the mistake was in his favor. And also, think about what that implies. How far are you supposed to go if the…

At this point I'd sell the extra Nintendo Switch and pay back its price to Nintendo. Seems like it's less trouble than going through Nintendo themselves.

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

#199

Post by cat199 »

DonHopkins wrote: post #186
throwaway613834 wrote: post #76

Earlier quoted context omitted.

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?

There should be a service where you can rent the use of a Russian troll twitter account to make customer service request tweets, taking advantage of its millions of crazy alt-right wing nut job follower parrots who will mindlessly retweet your message and threaten to boycott the company and make death threats and show up with automatic weapons at the offices of the company that didn't give you good customer service.…

Wow, that's a whole new way to play the 6-degrees-of-vladimir-putin game.. kudos to you, kremlin troll account

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

#200

Post by martin-adams »

sametmax wrote: post #182
Boothroid wrote: post #149

Earlier quoted context omitted.

Just checked UK law. If you receive an extra item as part of a replacement for a broken item or similar and use it the sender has the right to demand payment for the extra item. The correct course of action is to contact the sender who can then choose to collect at their own expense. I was surprised by this - I thought it would constitute unsolicited goods but it does not due to the extra item having been sent as rem…

So if my IT system messes up and sends you 10 TV, you have to pay for it or get out of your way to fix it ?

In that scenario, I think it would be you would need to make reasonable effort to collect the item, otherwise you abandon it. If the customer refuses you to collect it, then you can demand payment.

But as the above comment says, you would have had to send the item as part of an existing engagement, such as a purchase or replacement.

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