Purchased Nintendo Switch but it’s being sourced from abroad

GingerMoose24

I’ve purchased a Nintendo Switch from the website “Deal Monday”. I’ve been waiting on delivery for almost two weeks and started to investigate why. In doing so I found out that the company look to source products from Germany, Japan, Hong Kong and other countries and this is why there prices are so low. 

I did some more reading and Nintendo say there 24 month warranty is invalid if the device you have was not intended for sale in the region you live. 

Nintendo also said this sounds like reselling, which also invalidates any warranty. 

The product page on Deal Monday’s website didn’t not state anywhere that the item could come from outside Europe. Whilst the Switch will still work as it’s not region locked, could I request a refund & return based on breach of contract as the product is “not as described or fit for purpose”. 

Additionally, if I do return the product, can Deal Monday ask me to pay for shipping back to another country? 

eskbanker

GingerMoose24 said:

The product page on Deal Monday’s website didn’t not state anywhere that the item could come from outside Europe. Whilst the Switch will still work as it’s not region locked, could I request a refund & return based on breach of contract as the product is “not as described or fit for purpose”. 

Conversely, did the product page say that it was UK-sourced, to support an allegation of 'not as described'?

born_again

This site has cropped up before. There UK address is quoted as *This address is NOT for returning.*

About us pageWe're able to offer great Internet prices as we have sourcing team in UK, Germany, US, Hong Kong and Japan. This allows us to purchase directly from the manufacturer at the best possible prices and source 100% authentic and brand new items globally. 

swingaloo

Looking at the reviews for Deal Monday there are several 1 star and 3 star reviews which say they are waiting for a Nintendo Switch with one customer saying that today they have had an email saying it will be a further 8 weeks before delivery. 
There are however a lot of 4 and 5 star reviews stating the items have arrived and are ok but in most cases the negatives are the wait time as it looks like most customers were taken in by the 2-4 day delivery.

GingerMoose24

born_again said:

This site has cropped up before. There UK address is quoted as *This address is NOT for returning.*

About us pageWe're able to offer great Internet prices as we have sourcing team in UK, Germany, US, Hong Kong and Japan. This allows us to purchase directly from the manufacturer at the best possible prices and source 100% authentic and brand new items globally. 

Yes, I did find this on their website, but it is in the about us section, which in reality I think very few people look at. 

GingerMoose24

eskbanker said:

GingerMoose24 said:

The product page on Deal Monday’s website didn’t not state anywhere that the item could come from outside Europe. Whilst the Switch will still work as it’s not region locked, could I request a refund & return based on breach of contract as the product is “not as described or fit for purpose”. 

Conversely, did the product page say that it was UK-sourced, to support an allegation of 'not as described'?

No it did not. But I think a reasonable person would assume a product being purchased from a UK registered company would be from the UK unless stated otherwise. Additionally, a reasonable person would believe the manufacturers warranty would be valid and have no reason to assume otherwise. 

eskbanker

GingerMoose24 said:

eskbanker said:

GingerMoose24 said:

The product page on Deal Monday’s website didn’t not state anywhere that the item could come from outside Europe. Whilst the Switch will still work as it’s not region locked, could I request a refund & return based on breach of contract as the product is “not as described or fit for purpose”. 

Conversely, did the product page say that it was UK-sourced, to support an allegation of 'not as described'?

No it did not. But I think a reasonable person would assume a product being purchased from a UK registered company would be from the UK unless stated otherwise. Additionally, a reasonable person would believe the manufacturers warranty would be valid and have no reason to assume otherwise. 

But in the context of any sort of formal claim, there's a significant difference between 'not as described' and 'not as assumed'....

user1977

GingerMoose24 said:

eskbanker said:

GingerMoose24 said:

The product page on Deal Monday’s website didn’t not state anywhere that the item could come from outside Europe. Whilst the Switch will still work as it’s not region locked, could I request a refund & return based on breach of contract as the product is “not as described or fit for purpose”. 

Conversely, did the product page say that it was UK-sourced, to support an allegation of 'not as described'?

I think a reasonable person would assume a product being purchased from a UK registered company would be from the UK unless stated otherwise.

Technically yes, a UK company, but the sole director and shareholder being a guy in Hong Kong is a clue as to what's going on:

CLFF TRADING LIMITED people - Find and update company information - GOV.UK

the_lunatic_is_in_my_head

Not mentioning it would be an omission likely to breach the CPRs giving a right to unwind the contract.

OP what was the timeframe for delivery? You might want to look at a chargeback with your card provider for non-receipt if it's been longer than they said.

GingerMoose24

user1977 said:

GingerMoose24 said:

eskbanker said:

GingerMoose24 said:

The product page on Deal Monday’s website didn’t not state anywhere that the item could come from outside Europe. Whilst the Switch will still work as it’s not region locked, could I request a refund & return based on breach of contract as the product is “not as described or fit for purpose”. 

Conversely, did the product page say that it was UK-sourced, to support an allegation of 'not as described'?

I think a reasonable person would assume a product being purchased from a UK registered company would be from the UK unless stated otherwise.

Technically yes, a UK company, but the sole director and shareholder being a guy in Hong Kong is a clue as to what's going 

Amazingly helpful here; I’m amazed that everybody, before ever doing something, doesn’t check company house. 

GingerMoose24

eskbanker said:

GingerMoose24 said:

eskbanker said:

GingerMoose24 said:

The product page on Deal Monday’s website didn’t not state anywhere that the item could come from outside Europe. Whilst the Switch will still work as it’s not region locked, could I request a refund & return based on breach of contract as the product is “not as described or fit for purpose”. 

Conversely, did the product page say that it was UK-sourced, to support an allegation of 'not as described'?

No it did not. But I think a reasonable person would assume a product being purchased from a UK registered company would be from the UK unless stated otherwise. Additionally, a reasonable person would believe the manufacturers warranty would be valid and have no reason to assume otherwise. 

But in the context of any sort of formal claim, there's a significant difference between 'not as described' and 'not as assumed'....

Yes, I understand that; however on agreeing to sell the product to me the seller has to make the contract clear and provide me with the necessary information. By not making it clear on the product page or purchase pages that the item will be from a foreign source, they have omitted a major point on the details of the goods that would have impacted my decision making. The seller should meet the standards any reasonable person would expect; so me “assuming it would be suitable for UK” is not a defining factor.  

Whilst it is on the about me section of the website; it was not made clear during the transaction. Additionally, they state they source from UK and other places, so again, it is not clear if the product is going to be for uk market or abroad.