Purchased Nintendo Switch but it’s being sourced from abroad

GingerMoose24

the_lunatic_is_in_my_head said:

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.

What do you mean breach CPRs? 

Its only been 10 days since order was originally made, so I think I would need to wait until at least 30 before non receipt. 

eskbanker

GingerMoose24 said:

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. 

In what way is it actually unsuitable for use in the UK (putting aside the lesser warranty provision)?

GDB2222

Have you contacted the company and said you want to cancel the order? It seems more sensible than waiting until it arrives.

the_lunatic_is_in_my_head

GingerMoose24 said:

What do you mean breach CPRs? 

Consumer Protection from Unfair Trading Regulations, basically what you said about insufficient or unclear info resulting in being unable to make an informed decision, it was more to highlight to the thread you have a valid concern as sadly arguing the finer points of UK consumer rights with a chap in Hong Kong is likely to be fruitless  

GingerMoose24 said:

Its only been 10 days since order was originally made, so I think I would need to wait until at least 30 before non receipt. 

IIRC standard timeframe for VISA and Mastercard is 15 days but I assume the bank will consider the retailer timeframe (i.e if they say 4 weeks you might not be able to do a chargeback until that 4 weeks have passed). 

Not sure what they look at but worth checking the delivery time given on your order emails and using that. 

@born_again is our resident expert on this and will likely clarify and/or correct anything I've gotten wrong. 

eskbanker said:

In what way is it actually unsuitable for use in the UK (putting aside the lesser warranty provision)?

I think most most people would expect a UK model, Switch or otherwise If the website mentions this but doesn't make it clear there is still an argument for prohibited actions as the presentation could be viewed in a way that deceives or is likely to deceive the average consumer.   

I would expect a company that needs to comply with UK regs to make a clear statement or similar on the product page if an item were to be an import (or if that was their sole business again make it blindly obvious). 

Aylesbury_Duck

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 was the price reasonable?  You said that their "prices were so low".  A reasonable person might wonder why a website was selling a product at a much lower price than all the other retailers.

eskbanker

the_lunatic_is_in_my_head said:

eskbanker said:

In what way is it actually unsuitable for use in the UK (putting aside the lesser warranty provision)?

I think most most people would expect a UK model, Switch or otherwise If the website mentions this but doesn't make it clear there is still an argument for prohibited actions as the presentation could be viewed in a way that deceives or is likely to deceive the average consumer.   

I would expect a company that needs to comply with UK regs to make a clear statement or similar on the product page if an item were to be an import (or if that was their sole business again make it blindly obvious). 

That's answering a different question from the one I was asking!  It wasn't about expectations or any obligations to notify imports, but was simply about what actually makes a non-UK model unsuitable for use in the UK....

the_lunatic_is_in_my_head

eskbanker said: was simply about what actually makes a non-UK model unsuitable for use in the UK....

AFAIK they work fine as they aren't region locked.

OP was cornered about the warranty which Nintendo does say applies in the region the switch was purchased. If OP does end up getting the Switch delivered would be interesting to hear whether it comes with a fitted UK plug. 

Tucosalamanca

Buying gaming consoles from anyone other than the big retailers is always a risk and doing due diligence before purchase is always a good idea. In this case, simply reading the reviews would have given enough information to make an informed decision.

I've just bought a Nintendo Switch from Very.co.uk, opening a new account gave a 20% discount on first order (recommended by redhotdeals)
The UK Switch was delivered next working day by Royal Mail. It might be an option for OP if they can successfully cancel the order?

eskbanker

the_lunatic_is_in_my_head said:

eskbanker said: was simply about what actually makes a non-UK model unsuitable for use in the UK....

AFAIK they work fine as they aren't region locked.

OP was cornered about the warranty which Nintendo does say applies in the region the switch was purchased. If OP does end up getting the Switch delivered would be interesting to hear whether it comes with a fitted UK plug. 

"Concerned"?

From a quick look at the retailer's site it does appear that they offer a 12-month warranty, presumably independently of the original manufacturer's one if that only applies in the region of original acquisition, but again, it's not clear to me if in itself that breaches any regulations?

DullGreyGuy

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. 

Why did you assume it's a UK registered company? Nothing on their homepage states that it is, not even on the About Us. 

GingerMoose24 said:

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. 

Well the only place you can find out it's a UK registered company is by looking at the T&Cs and even fewer look at those than they do the About Us. 

GingerMoose24 said:

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? 

According to the Switch product pages I looked at it states it has a 12 month warranty not a 24 months so no, you cannot cancel the order for it not having a 24 month warranty because they were clear from the outset that it didnt. 

Given you'd be cancelling under your right to change your mind rather than an error from their perspective yes they can ask you to return the goods at your own expense and they state they will do so on their returns page. Similarly they also note the returns address is not their registered offices address in London (which is clearly an address for hire service). 

Irrespective of all of the above it is ultimately it's a fake company, the entity is listed as dormant and will have no assets in the UK. You can try to enforce your rights against the Chinese behind it but international recoveries are complex, expensive and there are some jurisdictions that are just not worth attempting unless you are big enough to make noises at governmental levels.