Nintendo Store Ripoff

josiemac1886

Hi everyone. I really hope someone can help me but I think I'm going to end up really upset on this one.

I pre-ordered the new Zelda game for 3ds from the nintendo UK store. I was advised not to as it was run by the Hut group but I did so anyway and unfortunately paypalicon would not let me use it's system to pay so I had to give the money direct to the store.
My reason for pre-ordering from there was that you got a musical chest with your purchase, which is now selling for a nice sum on ebay.

They dispatched the game and my account said the chest was awaiting dispatch.
A week later i checked again and it said I had no outstanding orders. I looked at past orders and it said the chest has been cancelled.
I checked my spam and there are no messages at all to let me know. Had I known they had no stock I would have ordered from another site. I am so upset about this you would not believe.

I thought that when the money was taken that constitutes a contract. I have emailed and asked them to sort it out. I was told not to worry about stock as I would receive a chest.

Is there anything I can do?

CKhalvashi

Legally, you have made an offer, they have not accepted it.

Have they refunded you?

CK

redcard

josiemac1886 wrote: »

I am so upset about this you would not believe.

I can offer you compensation for that. I've got a 1/3 of a melted Snickers in my dressing gown pocket. Should sort you right out,

emslovesmickey

I think originally it was mistakenly advertised as part of the pre-order then it was only available as part of a package in GAME.

frugal_mike

CKhalvashi wrote: »

Legally, you have made an offer, they have not accepted it.

Have they refunded you?

CK

But they did accept it by dispatching the game, although its a little unclear from the OP whether the game was actually sent.

frugal_mike

josiemac1886 wrote: »

I thought that when the money was taken that constitutes a contract. I have emailed and asked them to sort it out. I was told not to worry about stock as I would receive a chest.

Is there anything I can do?

No, the contract is formed when both parties agree it is formed, so this will be when the terms and conditions say it is formed. In a shop this would usually be when payment is taken, but online the terms and conditions normally state the contract is formed when the item is dispatched to you.

It is not completely clear from your OP, but if they sent you the game then the contract will be formed and they have to supply the free chest thing or be in breach of contract.

If they never dispatched the game then they can cancel the order as long as they refund you and put you back in exactly the same position you were in before making the order.

G_Model101

Surely the chest is subject to stock levels?
But tbh I can understand your sentiment, I wanted that chest too!

But what I want to know, is what chest opening jingle does it make? The "der ner ner nerrrrr" one or the "der de der de derrrrr"?!

theforumking

nintendos are pretty much rubbish