Refund timeline following non-delivery of Nintendo Switch 2

rmholiday

Hi all,

I pre-ordered a Nintendo Switch 2 bundle (with some accessories) from Nintendo. I bought this online direct from their store website, paying by Paypal – totalling £509.97.

I placed my order in May, the payment was taken around 1st June, and the delivery was scheduled for 5th Thursday June – the Switch 2 launch date.

This was shipped using Royal Mail's Tracked 24 service that aims for next day delivery – this would have been 5th June. The package made it to my nearest Mail Centre (i.e. in my city), but didn't ever make it to my local Delivery Office. According to online tracking, it still hasn't moved since 3am on 5th June. It would seem to be lost or stolen. Royal Mail were not able to help me because it is the seller's responsibility to make any complaint about a lost item.

Even finding a route to Nintendo customer support wasn't easy – they have closed their phone line(!) and their online chat, and it seems to have been this way for a while. Eventually I found an email address.

After a week, Nintendo acknowledged that my Switch 2 was 'lost in transit' and I had to complete a form and say whether I would like a refund or replacement. Initially I asked for a replacement, but when I was told they could not provide any timeframe on a replacement, I decided a refund might be more efficient.

However, Nintendo are now saying that they will not process a refund (or provide a replacement) until the Royal Mail investigation has been completed: "Regarding your recent query, unfortunately we are not able to issue a refund until the investigation with courier is completed as per our companys protocol."

For reference, RM say that complex investigations can take up to 90 days. But as I understand it, it is the seller's job to deliver their item to the buyer – and that includes taking responsibility for any non-delivery, even if it is the courier's fault. As such, Nintendo owe me a refund on a timescale that should be prompt, and that should not bear any relation to their dispute/investigation with Royal Mail. This would be true regardless of the result of any investigation – unless of course I was responsible in some way. But it is extremely clear based on tracking information that I was not.

Am I correct in thinking this? Don't Nintendo have to adhere to a reasonable timeline for a refund, regardless of the investigation with Royal Mail? (I'm actually not sure that Tracked 24 does offer full compensation for lost packages – but again I don't see why this is my concern, since I can't be held responsible for a package that didn't get anywhere near my house!)

Nintendo are refusing to provide a timeline for when this might be resolved. I have also written a formal complaint and they will not provide a timescale within which that might be responded to.

From my perspective it seems like Nintendo are holding on to £509.97 of my money without giving me any real sense of when it will be returned.

I have also raised a PayPal case which Nintendo have not replied to (and which PayPal will look at on 5th July).

I would appreciate any advice on what else I might be able to do!

MattMattMattUK

rmholiday said:

Hi all,

I pre-ordered a Nintendo Switch 2 bundle (with some accessories) from Nintendo. I bought this online direct from their store website, paying by Paypal – totalling £509.97.

I placed my order in May, the payment was taken around 1st June, and the delivery was scheduled for 5th Thursday June – the Switch 2 launch date.

This was shipped using Royal Mail's Tracked 24 service that aims for next day delivery – this would have been 5th June. The package made it to my nearest Mail Centre (i.e. in my city), but didn't ever make it to my local Delivery Office. According to online tracking, it still hasn't moved since 3am on 5th June. It would seem to be lost or stolen. Royal Mail were not able to help me because it is the seller's responsibility to make any complaint about a lost item.

Even finding a route to Nintendo customer support wasn't easy – they have closed their phone line(!) and their online chat, and it seems to have been this way for a while. Eventually I found an email address.

After a week, Nintendo acknowledged that my Switch 2 was 'lost in transit' and I had to complete a form and say whether I would like a refund or replacement. Initially I asked for a replacement, but when I was told they could not provide any timeframe on a replacement, I decided a refund might be more efficient.

However, Nintendo are now saying that they will not process a refund (or provide a replacement) until the Royal Mail investigation has been completed: "Regarding your recent query, unfortunately we are not able to issue a refund until the investigation with courier is completed as per our companys protocol."

For reference, RM say that complex investigations can take up to 90 days. But as I understand it, it is the seller's job to deliver their item to the buyer – and that includes taking responsibility for any non-delivery, even if it is the courier's fault. As such, Nintendo owe me a refund on a timescale that should be prompt, and that should not bear any relation to their dispute/investigation with Royal Mail. This would be true regardless of the result of any investigation – unless of course I was responsible in some way. But it is extremely clear based on tracking information that I was not.

Am I correct in thinking this? Don't Nintendo have to adhere to a reasonable timeline for a refund, regardless of the investigation with Royal Mail?

They do, but your issue is enforcing that, any enforcement action is likely to take a lot longer than just letting them drag their heels and process the refund. 

rmholiday said:

(I'm actually not sure that Tracked 24 does offer full compensation for lost packages – but again I don't see why this is my concern, since I can't be held responsible for a package that didn't get anywhere near my house!)

Tracked 24 only offers £150 compensation.

rmholiday said:

Nintendo are refusing to provide a timeline for when this might be resolved. I have also written a formal complaint and they will not provide a timescale within which that might be responded to.

From my perspective it seems like Nintendo are holding on to £509.97 of my money without giving me any real sense of when it will be returned.

I have also raised a PayPal case which Nintendo have not replied to (and which PayPal will look at on 5th July).

I would appreciate any advice on what else I might be able to do!

It is frustrating and it is technically against the CRA, but your ability to enforce that is minimal so in the short term you have to wait. 

rmholiday

Thanks so much, this is extremely helpful.

What kind of 'enforcement action' is available to me? I'm sure you're right that it isn't worth pursuing but I'd like to at least be able to put some pressure on them to resolve, even just by trying to use appropriate language etc.

And does the fact that Track 24 only offers £150 compensation make any difference? That's their problem not mine, right?

the_lunatic_is_in_my_head

Chargeback with your card provider, speak to bank is best, 15 days after ETA for VISA, maybe 30 days for Mastercard (others will correct me if I am wrong on the times ) 

Either that or PayPal claim for non-receipt if the option is there.

rmholiday said:

Thanks so much, this is extremely helpful.

What kind of 'enforcement action' is available to me? I'm sure you're right that it isn't worth pursuing but I'd like to at least be able to put some pressure on them to resolve, even just by trying to use appropriate language etc.

And does the fact that Track 24 only offers £150 compensation make any difference? 

Not your problem, risk remains with Nintendo until delivery.

You'd think they send something like this via Special Delivery but there you go. 

Alderbank

As far as Nintendo are playing it, you have merely raised a 'query' about a refund under their own T&Cs.

An alternative enforcement action is for you to tell them in writing (email is fine) that you are now exercising your statutory right to cancel the contract as per Part 3(29) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

This is different from the Consumer Rights Act and you are not asking about a refund, you are cancelling the whole shebang.

You have until 14 days after receiving the Switch to do this so you are well in time, and you don't have to give any reason. Just make it clear that you know your legal rights and have now cancelled the contract.

Those regulations expect the seller to refund you in full (since you have received nothing) within 14 days of cancelling.

See how they respond.

rmholiday

I will do, thank you!

savergrant

Just make sure you are clear that you are cancelling the agreement because they are in breach, having failed to provide you with the goods as agreed, and that you have nothing to return (and that is an agreed fact) 

Alderbank

I would not complicate matters by saying you are cancelling because they are in breach.

When cancelling under the CCR regs you don't have to give a reason.
If you accuse them of being in breach that might just prolong the agony while they faff about with their T&Cs, possibly allowing them to point out something like a contract term which says when a product is temporarily in short supply they will supply as soon as new stock becomes available.

savergrant

Alderbank said:

I would not complicate matters by saying you are cancelling because they are in breach.

When cancelling under the CCR regs you don't have to give a reason.
If you accuse them of being in breach that might just prolong the agony while they faff about with their T&Cs, possibly allowing them to point out something like a contract term which says when a product is temporarily in short supply they will supply as soon as new stock becomes available.

However when cancelling a contract for the supply of goods it is customary for the goods to be returned. Op can't return the goods as they were never delivered. The goods were in stock and were despatched, but never delivered.

jon81uk

the_lunatic_is_in_my_head said:

Not your problem, risk remains with Nintendo until delivery.

You'd think they send something like this via Special Delivery but there you go. 

Almost no commerical delivery use Special Delivery, most basically "self-insure" the loss over £150 because they can consider the additional cost of Special Delivery vs the Tracked service is too high given the number of losses they have

the_lunatic_is_in_my_head

jon81uk said:

the_lunatic_is_in_my_head said:

Not your problem, risk remains with Nintendo until delivery.

You'd think they send something like this via Special Delivery but there you go. 

Almost no commerical delivery use Special Delivery, most basically "self-insure" the loss over £150 because they can consider the additional cost of Special Delivery vs the Tracked service is too high given the number of losses they have

I understand the financial side from a customer experience side on a hyped release with low stock you'd expect them to want the customer to be pleased as punch, although their response to OP that they should keep waiting despite it being 2 weeks overdue probably says all you need to know about Nintendo's consideration for the customer experience these days....