I sent my Nintendo switch console for repair and was sent a refurbished one back, what are my rights

SpeckledPebble · 9 February 2021 at 8:58PM

Mid December I sent my 6 month old Nintendo switch back to Nintendo for a repair, I had managed to scratch the screen taking it out of the dock and wanted it replacing as it was bothering me.

On dec 28th I received an email stating:

“Our engineers have inspected your Switch Console and found Screen Scratched/Chipped. Under our warranty policy we do not cover the cost of the repair for Screen Scratched/Chipped. A payment of £157.50 is required for us to complete the repair.”

I sent the payment the same day.

Three weeks later I finally received the console back but I was surprised to find it had been completely wiped and I had lost all of my saved data and downloaded games.

Annoying but not the end of the world I though, but I quickly realised something was off with the console and when checking the serial number i realised it was not my console.

I contacted Nintendo and was told my console was “damaged beyond repair” so I had been sent a refurbished model as a replacement.

I argued that the only thing wrong with my switch was that the screen was scratched and they said actually it had internal damage to the mainboard and the charging port was faulty, because of these faults it was beyond repair.

I know that was wrong and insisted I wanted my console back but they told he it had already been “recycled”.

It does say in their T&C that if a console is beyond repair a replacement will be sent, but my console only has a scratched screen!

after Googling I think it’s common practice for them to just send everyone a refurbished console and then refurbished the broken ones they get sent at another time to go back to someone else.

I’m very unhappy and I know there was nothing wrong with my console, if they had told me I was going to be paying £157 to have my 6 month old console swapped with an older model (according to a checker the serial number for this model means it is at least 2 years old)

what are my rights?

Are they allowed to do this?

visidigi · 9 February 2021 at 9:21PM

...whats your loss?
They are allowed to do this under the terms you would have agreed to (and you make mention of above). They can determine whats reasonable to repair.

SpeckledPebble · 9 February 2021 at 11:47PM

visidigi said:

...whats your loss?
They are allowed to do this under the terms you would have agreed to (and you make mention of above). They can determine whats reasonable to repair.

What’s my loss?

Well I’ve lost my 6 month old console that I know was in immaculate condition except for the scratches on the scree caused by the dock, I know for definite it has never been dropped or come into contact with water, I know it has only had light use so the battery was in fantastic condition.

Instead I have this second hand refurbished older console that was sent off for repair so obviously had some damage or fault at some point, who’s to know if it had been dropped or well used, I know they fix them up to ‘like new’ condition but they are still second hand machines.

If I had wanted to accept the risk and unknown history of a second hand or refurbished console I wouldn’t have bought one new and looked after it so well.

In their email to me stating the fault and the cost they clearly state it is the cost to repair, they even sent an email telling me they had begun the repair and another saying the repair was complete, I don’t think it’s unrealistic to expect a repair on my console to actually be carried out.

If they had said in their email, this is the fault, we will either repair or replace your console I would not have accepted the quote and I would have said, no thank you I’ll have it back please in the condition I sent it to you.