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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

#361

Post by noncoml »

tiglionabbit wrote: post #353
noncoml wrote: post #306

> 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. There is no room for morals/ethics when dealing with faceless mega-companies. You are not de…

You would throw a Nintendo Switch into the trash? That's so wasteful. Why not give it to a friend? Or to GoodWill?

It wouldn’t feel right to open the package.

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

#362

Post by wodenokoto »

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.

I dont "have a lawyer", and am not sure what people mean with "my" in phrases such as "talk to my lawyer".

In the situation you describe, how would I go about finding a lawyer to receive communication and how much would it cost me out of pocket to simply be allowed to use their name and address when telling nintendo "talk with these guys, their my lawyers"

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

#363

Post by nielsole »

Sean1708 wrote: post #217
apostacy wrote: post #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…

> He was under no moral obligation to fix Nintendo's mistake for them. I'm not convinced this is true (well it may be true morally but I don't think it's true legally). IIRC duplicate shipments are not considered Unsolicited Goods and in the UK you are legally required to inform the sender and return them if the sender requests. Edit: This article[0] seems to suggest the same, but the Citizen's Advice link is broken.…

In Germany there is the concept of Unterschlagung: illegally taking hold of an object owned by someone else.

Translates to embezzlement, but that's not quite it, I'd say.

So here I am pretty certain you would have to contact Nintendo.

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

#364

Post by jamaicahest »

Talyen42 wrote: post #123
chairmanwow wrote: post #81

Earlier quoted context omitted.

I 100% agree. The day that I became a lifelong Amazon customer was when I mistakenly ordered a mattress to the wrong address via Prime. I noticed the mistake some 28 hours after placing the order. I nearly said that I called them to tell them about my mistake, but that isn't true. I typed in my number online AND THEY CALLED ME when an operator was available. The operator quickly calmed me down and told it was "nothin…

I agree, it's great for the consumer. But amazon didn't take the bullet. The seller of the mattress took the bullet. Amazon didn't lose a penny. Sellers just have to assume a 10% loss of gross margin due to issues like this. It's not the end of the world, but that's where the cost is.

>Sellers just have to assume a 10% loss of gross margin due to issues like this. It's not the end of the world, but that's where the cost is.

Cost of doing business. Reminds me of the book "What I Learned Losing a Million Dollars" where Jim Paul describes how someone trading in lumber doesn't cry about 20% of the wood being useless, he knows 20% will be useless and he writes that up under cost of doing business. Just like refunds and customer support are a cost of doing business.

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

#365

Post by jamaicahest »

astura wrote: post #203
jrockway wrote: post #98

Earlier quoted context omitted.

Yeah, that's absolutely the problem they have. One time I ordered some road bike tires. Amazon sent mountain bike tires by the same manufacturer. I told Amazon. They sent me two more of the wrong tires. I told Amazon. They sent me two more of the wrong tires. I gave up. They don't read anything you write to them, they just either send you something or give you your money back. I guess most people value money over any…

Very similar thing happened to me about 12 years ago. I ordered some glassware , very fragile. It was packaged incorrectly, basically shoved in too big of a box with no padding or anything. Or if there was padding it was very, very minimal. It arrived broken, of course. It would have been nothing short of a miracle if glassware survived that packaging. Told Amazon the item broken due to poor/incorrect packaging. They…

>If the return reason is "defective," why would mark as sellable ever be possible?

Because customers don't always tell the truth, as in your perception of truth might be different from my perception of truth, meaning what's considered defective to you might be perfectly acceptable to me and to other customers.

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

#366

Post by cjsuk »

megablast wrote: post #345
cjsuk wrote: post #162

Earlier quoted context omitted.

In the UK we can get our money back if the goods don't make it into your hands. It's up to the seller / courier to prove otherwise although it's usually a battle arguing with them. Royal Mail delivered a £560 multimeter to the wrong address and to a signature which wasn't mine. Never saw it again. That took a nightmare battle from hell to get sorted.

This is the same in every single country. However, if the mail say it was delivered then what do you do? You lose.

I actually found that in the UK at least, you get on twitter and call them thieving bastards repetitively until they are fed up with you and just give you the money to shut up :)

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

#367

Post by rasz »

burntsushi wrote: post #242
rasz wrote: post #230

>It didn’t take long to arrive — but when it did, I noticed some damage to the outside of the packaging Author signed off on a visibly destroyed package. This is where support stops in my country(also EU). Standard procedure is to either refuse damaged package, or open with courier as a witness and make damage protocol, documented with pictures. The fact Nintendo agreed to replace it on faith alone is quite good, pes…

The author doesn't say they signed off on it though. Where I live, I never sign off on anything. UPS just leaves it outside.

He did, you cant receive mailed packages without signature in UK. Dropping valuables on a porch is very alien concept to Europeans.

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

#368

Post by eneveu »

jakub_g wrote: post #177
smcl wrote: post #140

Earlier quoted context omitted.

This kinda thing is extremely good and I'm surprised it hasn't caught on in a bigger way. Many (most?) purchases are made online these days, but when you do so you have to make one of a couple of awkward choices: 1. request a delivery at work, let the receptionists at your office sign for the package and very politely thank them each time (and don't do this too often) 2. place the order to be delivered at your home a…

Fully agree. Unfortunately the lockers are not very popular yet in France. But I've seen a few added in the last months in my area, hope it catches the steam, because it's way better. The problem though is that most of the time I can not choose the delivery company, and I've only seen La Poste having the lockers.

We have a few Amazon Lockers in Paris and the suburbs. It's awesome. A lot better than the usual "Relais Colis".

Just flash the barcode from the email, and it opens the appropriate locker. It even lets you open multiple ones with a single barcode if you received multiple packages the same day.

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

#369

Post by cardiffspaceman »

wott wrote: post #236
nindalf wrote: post #213

Earlier quoted context omitted.

I'm curious, is it uncommon to have packages delivered to the mailroom at your place of work? That's what I've done for the last 4 years and I've never had a problem.

It is not uncommon, but at a mid-sized company it is a bit problematic: when the receptionist has to handle private parcels for a couple of individuals, that is OK; but when there are 100-200 employees and they regularly order non-work related stuff at their company address, it becomes a burden on the receptionist, burden that is not part of what the company pays him for. So : * small company where everyone takes car…

At AOL in late 2001 they insisted that employees cease receiving non-work packages at work. The legit concern was the anthrax being mailed to DC area offices. That was also just past "peak AOL" so I was soon freed from this problem, with a decent sverance to boot.

I have found ordering from B&M's via their websites and picking the thing up at the store bypasses this whole problem.

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

#370

Post by dudul »

beerbaron23 wrote: post #339
dudul wrote: post #193

Earlier quoted context omitted.

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.

Very much so, in all the call centers I've worked in there was no "complaints department" we are just told to listen to the customer, relate with their concerns and tell them it will be "reviewed" by another department. In reality, it goes absolutely no where. Even if I 100% agreed with your complaint, I have no place to record it or know who it's supposed to go to to get further up the ladder. Some managers will acc…

That's very interesting, thanks for sharing your experience.

Re: youtube clips. I don't do that, but when I call a customer service to complain and ask for a change that I know will not be well received (e.g. cancel cable) I always start the conversation by saying that I am recording the conversation on my side. And to "confirm" what you wrote, it's not unusual that after exposing my problem/demand I'm put on hold for 5/10 minutes while the employee is fetching the "domain expert to help with my problem".

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