Defective Digital Software download

ncrbrts

Can someone please advise? My son used a voucher he got at Christmas to buy a copy of Minecraft from Nintendo E-Shop for his games console on Jan 2nd. The game didn't work properly, and I contacted Nintendo on the 3rd. They gave me a list of fixes to try, but none of them worked. They then told me to contact the developer who said that there was nothing they could do as the version downloaded was the newest.

Nintendo are refusing to give my son his credit back to allow him to buy another game. They say that when I bought it, in the terms and conditions it says:

"[…] where we supply digital content not on a tangible medium, the cancellation right expires if we have begun our supply of the digital content after you have expressly consented that we can begin the supply before the cancellation period ends, and you have acknowledged that you lose your right to cancel the contract in this circumstance."

But, obviously, I wouldn't know that the game doesn't work unless I allow them to begin the supply of the digital content. All very annoying, of course.

My question is, does this condition supersede my rights under the Consumer Rights Act? How do I proceed in this case? I have one broken hearted little boy here

KatrinaWaves

It depends whether the software is faulty, or whether there is an issue with your home set up/tv/console/connection etc

ncrbrts

I am inclined to think it is the game rather than the console. All of his other games (digital and physical) work perfectly. He bought another game the same day from the e-shop with which there have been no issues.

KatrinaWaves

When you say the game doesn’t work properly, what in particular isn’t working.

shaun_from_Africa

Can the same game be downloaded again or is a one time thing?

If it can be done again, it would be worth doing so just in case there was a problem with the original download and a bit of it may have become corrupted.

ncrbrts

It gets to the start screen but when he tries to load a world(? I'm not up on my Minecraft terminology) it closes with the error: the software was close because an error occurred.

ncrbrts

Among the lengthy list of instructions they gave was to check for corrupt data (none); redownload game (no difference); delete save data then redownload (no save data as can't play the game but pressed button for posterity anyway); system update (was already at newest version); then contact developer.

unholyangel

The right to cancel (ie change your mind) is not the same as being given goods (even digital ones) that don't conform to contract.

(9)For the purposes of subsection (2), digital content which does not conform to the contract at any time within the period of six months beginning with the day on which it was supplied must be taken not to have conformed to the contract when it was supplied.

(10)Subsection (9) does not apply if—
(a)it is established that the digital content did conform to the contract when it was supplied, or
(b)its application is incompatible with the nature of the digital content or with how it fails to conform to the contract.

So its for them to prove it did conform/the application is incompatible with how they fail to conform. Although strictly speaking your rights are to repair, replacement (which seems to have already occurred) and if that fails, then price reduction (up to the whole contract price, if appropriate), the actual right to a outright refund only applies if they didn't have the right to sell it.

Personally I think a full refund in the circumstances would be appropriate, but just highlighting as there is technically a small difference.

[Deleted User]

shaun_from_Africa wrote: »

Can the same game be downloaded again or is a one time thing?

If it can be done again, it would be worth doing so just in case there was a problem with the original download and a bit of it may have become corrupted.

I see what you did there...






...or maybe you didn't

[Deleted User]

Having a quick Google it looks like it's a corrupt save game perhaps.

From https://en-americas-support.nintendo.com/app/social/questions/detail/qid/87372/~/switch-minecraft-crashes-while-attempting-to-open-a-world/comment/28659

Try the following:-

1. Our system memory was full (only 256 MB of 32GB was available). We archived large games we did not play often and then downloaded them to the larger SD card memory.
   
2. We opened Minecraft on the player's account having problems. This account had many worlds created, so we deleted all worlds that were not essential.
   
3. Restarted the Switch by holding down the power button for five seconds, then choosing Restart.

shaun_from_Africa

Colin_Maybe wrote: »

I see what you did there...



...or maybe you didn't

I did think what you thought when I was typing it.