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Nintendo Customer Services have let me down
- Thread starter Chopper
- Start date
Jezbollah
Member
Dear OP.
If your DS is under a year old, you have a immediate 1 year manufacturers warranty that is governed by law under the British Sales Of Goods Act.
Do a google search and inform Nintendo of their obligation to repair the unit free of charge and without delay.
If they refuse to obide by the law that they agree to by selling goods in the UK, then inform them you will be taking them to a small claims court and claim the total cost of the console, and resources (post costs, phone calls etc) you have spent trying to get this resolved.
That should do it.
If your DS is under a year old, you have a immediate 1 year manufacturers warranty that is governed by law under the British Sales Of Goods Act.
Do a google search and inform Nintendo of their obligation to repair the unit free of charge and without delay.
If they refuse to obide by the law that they agree to by selling goods in the UK, then inform them you will be taking them to a small claims court and claim the total cost of the console, and resources (post costs, phone calls etc) you have spent trying to get this resolved.
That should do it.
Not in my case.
About the cracked screen? No, I simply stated on my repair request form that I damaged it by playing a game as intended, and they said that was still considered unintended damage or whatever.
I didn't think there was anything I could do. I also couldn't be bothered. I could afford the money at the time, and just wanted my DS back :/ lol
Starwolf_UK
Member
I hate to say it but your changes of winning are slim. Try to be a bit briefer and polite though and be prepared to repeat everything from the start.
I'm guessing you have eShop purchases which you would think bind you to Nintendo. It doesn't.
You could buy another 3DS XL then system transfer and return the original (make sure it is the original on the original receipt in case of serial numbers). This may leave you somewhat out of pocket though if you got a good deal on the XL prior.
It might even be worth pointing out the above to demonstrate how stupid their charge is. (as thats what they should do, your 3DS XL will then go on the refurbish/parts pile) But NOE are very stubborn and don't like believing people that are not themselves. It took an enormous amount of effort for The Last Ninja 3 to be removed from the Wii VC (the game crashes after the first stage due to the emulator triggering anti-piracy protection), with trading standards having to get involved and requiring evidence which meant Nintendolife had to edit their review to reflect the broken nature (maybe more to the point, why didn't Nintendolife review the VC version rather than the game).
Finally, I remember, I was once able to brute guess the e-mails of employees in NOE once (as in did not bounce unlike other names I put in). It might be worth trying to figure out the same and BCCing them in.
I'm guessing you have eShop purchases which you would think bind you to Nintendo. It doesn't.
You could buy another 3DS XL then system transfer and return the original (make sure it is the original on the original receipt in case of serial numbers). This may leave you somewhat out of pocket though if you got a good deal on the XL prior.
It might even be worth pointing out the above to demonstrate how stupid their charge is. (as thats what they should do, your 3DS XL will then go on the refurbish/parts pile) But NOE are very stubborn and don't like believing people that are not themselves. It took an enormous amount of effort for The Last Ninja 3 to be removed from the Wii VC (the game crashes after the first stage due to the emulator triggering anti-piracy protection), with trading standards having to get involved and requiring evidence which meant Nintendolife had to edit their review to reflect the broken nature (maybe more to the point, why didn't Nintendolife review the VC version rather than the game).
Finally, I remember, I was once able to brute guess the e-mails of employees in NOE once (as in did not bounce unlike other names I put in). It might be worth trying to figure out the same and BCCing them in.
Karsticles
Member
I have no advice, but I want to know what the Chopper Purse is.
anotherVegan
Member
When the rep is giving you clear bullshit, just go to his/her manager. After that, go up. Keep going up and don't get off the phone until they make this right.
D
Deleted member 20415
Unconfirmed Member
I honestly had that same reaction at first... and it lasted for a while. However, it was one person at Nintendo and I can't blame an entire organization for one person's shitty accusations. In past experiences with Nintendo, all the way back to the NES days, they gave me great customer service.
If crap like this happens to me a second time, you can bet I will rethink this, however I'm willing to give Nintendo as an organization a pass on this.
Criminal Upper
Banned
Yeah, Nintendo is known for making really shitty hardware that breaks easily, I'm also tired of it.
In terms of customer support, every company has employed bad/unhelpfull people. So that varies from place to place.
In terms of customer support, every company has employed bad/unhelpfull people. So that varies from place to place.
Won't their excuse just be the "physical damage" line I've heard so many times already? They simply believe I damaged my console, in which case I would understand the charge, but it is untrue. They are unable to provide any proof. So the above still stands?
eighty(one)
Member
I would play a different angle. I'd inform them, that while the slider malfunctioned due to physical use - the device was used as intended, within the parameters to normal use. Inform them, that the slider is exactly that - a switch which MUST be used by tactile feedback. There is no digital option to automate the 3D feature, therefore buttons and dongles do break, within normal specifications - not by accidentally damaging the system.
Using a device as intended, with normal use should not void/be outside the device warranty, which warranted out of pocket expense. You are perfectly within the warranty time limitation too.
I'd argue that a faulty button, let alone the slider defecting was by no fault your own, and that the product should be designed to take normal stress on button usage.
This is no different than a screen going sour, a hinge snapping, screen damaging over time - can the service representative truly answer that the device was utilized with undue damaging stress? That there is no other product (which they've bought), that craps out and that representative would need to use the warranty?
I've been trying to state as much, but I like the way you've put it, so I might well rip that off!
Phoenician_Viking
Banned
There´s also 2 year guarantee on all electronic devices mandated by EU law which cover all of EU territories.
Yes, unconfirmed reports of one person being called "a pirate" = entire company is evil. Are you serious with that ish?
Anyway, physical damage is physical damage. With that said if this was NOA, you would more than likely be helped out (one time). Nintendo UK is a whole different animal. I have no clue about their policies. Sorry man.
Physical damage is not physical damage if there was no physical damage.
Delusibeta
Banned
Should have sent it back to the shop you bought it from for a refund, it's not up to a satisfactory standard (i.e. it broke after a few months) and you're legally obliged a refund under the Sale of Goods Act, especially if it's less than a year old.
[Edit] Re-reading, it's an XL, so you're well within your statutory rights. If Nintendo won't play ball, then the shop you bought the 3DSXL certainly will.
[Edit] Re-reading, it's an XL, so you're well within your statutory rights. If Nintendo won't play ball, then the shop you bought the 3DSXL certainly will.
CambriaRising
Member
How is it an "unconfirmed report" if it happened to the guy who posted it? Are you calling him a liar? Stop the corporate cheerleading, if a rep from a company screwed me over like that I would have no problem never buying from them again.
The repair has already been done. Taking it back to the retailer won't help me at this point.
tassletine
Member
You'll be able to get your money back under UK law. Just be calm when you speak to them and keep asking for someone higher up, you won't get the problem sorted if you're speaking to someone who's reading from a script. They won't know anything about the law, so talking to them about that is meaningless.
I think the problem you are having is that you didn't return the system when the screen scratched -- this kind of goes against your claim that you take good care of your system, as if you were concerned you would have returned it earlier. It sounds suspicious.
Also (given my own personal experience) the 3DSXL screens don't scratch easily. I could care less about scratches but don't have a single one on the screen. The area around the buttons is now shiny through being mauled but the screen is perfect.
I'm not trying to piss you off here, just give you another perspective on Nintendo's reaction. I hope you get it sorted.
I think the problem you are having is that you didn't return the system when the screen scratched -- this kind of goes against your claim that you take good care of your system, as if you were concerned you would have returned it earlier. It sounds suspicious.
Also (given my own personal experience) the 3DSXL screens don't scratch easily. I could care less about scratches but don't have a single one on the screen. The area around the buttons is now shiny through being mauled but the screen is perfect.
I'm not trying to piss you off here, just give you another perspective on Nintendo's reaction. I hope you get it sorted.
wackojackosnose
Member
Yeah, I get those scratches that Chopper mentioned on my XL top screen. It's definitely from the bezel of the lower screen and not wiping scratches. I'm just too lazy to send it in and I'm pretty sure I'd be selling my XL down the line as a part of some future upgrade scheme.
http://gimmegimmegames.com/2012/08/3ds-xl-may-have-screen-scratching-issue/
http://gimmegimmegames.com/2012/08/3ds-xl-may-have-screen-scratching-issue/
Those sources might come in handy...
dragonbane
Member
I don't know how it is in the UK, but in Germany Nintendo has to provide proof that you damaged the handheld (in the first six months after the purchase). If they can't, they have to repair it free of charge.
Delusibeta
Banned
Then I'm inclined to say tough tomatoes. If you've agreed to a price and the repair has been done, then I don't think there's anything you can do to get your money back.
Where might I find the equivalent, and relevant Ts&Cs?
The term "agreed" is a loose one here. I really wasn't given much of a choice by the rep I initially spoke to. My intention was always to quibble with management.
SapientWolf
Trucker Sexologist
Wasn't there some huge issue with Nintendo hardware that caused Amazon to drop them? If it's defective then you shouldn't have to pay anything.
As far as I know this "German" law is also EU law. So they have to proof that you caused the damage.
That's what I assumed. How can I prove this?
I'm at work, and so glad my boss isn't around.
OP, I hope they solve your problem. Sadly I have no useful advice to give you, only that you shouldn't give up. Sooner or later they'll have to hear you, I hope. Good luck.
radioheadrule83
Banned
Email codestorm house saying you're making a complaint to Nintendo and maybe consider posting this on their Facebook and tweetlonger @ their EU and UK twitter accounts...
I don't think you should have paid, but I can understand doing so in the frustration of dealing with their CSRs... Its too new to be breaking in such a way. I'm preaching to the choir I know... Just don't give up.
I don't think you should have paid, but I can understand doing so in the frustration of dealing with their CSRs... Its too new to be breaking in such a way. I'm preaching to the choir I know... Just don't give up.
fabricated backlash
Member
That sucks OP - they've screwed me over recently too... so I feel your pain.
In my case my Wii had a weird corruption message and they accused me of pirating software and modding my system - neither of which is true. It became a heated conversation once they lady called me a pirate.
I hope you get your issue sorted out...
Accusing customers of stealing or pirating seems to be a common customer service thing now. Had EA call me a thief a while back.
OP: Call them again, try different operators. Tell them that you're serious.
If not, mail this story to relevant Nintendo blogs and news sites (IGN, Go-nin..., nintendo everything etc pp)
It is outrageous that you'd even have to go that far, but it's your product and your money.
I searched my ass off and found something:
Article 5 of the EU Directive 1999/44/EC
http://eur-lex.europa.eu/smartapi/c...numdoc&lg=en&numdoc=31999L0044&model=guichett
There could be a problem because this only applies to the seller of the good and not the producer.
How hard do you have to hit a touch screen to crack it with your thumb?
Android18a
Member
This is one of the few times I'll say this: makes me want to buy my consoles from Game. I've taken out Gamecare a few times on consoles and it's pretty handy. As long as you have the receipt they'll always replace stuff for you, even if its your own fault its broken.
I guess its not so good for Nintendo stuff where you can't just enter a few details and recover your games and stuff though.
I guess its not so good for Nintendo stuff where you can't just enter a few details and recover your games and stuff though.
graywolf323
Member
yeah I have to give credit to the Apple store people, once when I was out and got caught in a sudden cloud burst my ipod touch got damaged, I took it to the store and even though the water indicator had gotten wet I just explained what happened and they gave me a brand new ipod touch right then and there :O
Weltall Zero
Member
Sorry to say, but (myself being Euro), this has pretty much voided any intent I could have in buying a 3DS. Fuck this shit and Nintendo's self complacence.
To note, I've owned a NES, Gameboy, SNES, Gameboy Color, N64, GC, GBA, GBA SP, DS Lite and Wii, and still own all except the pre-DS portables. Basically every pre-this-gen Nintendo console in existence except for the Virtual Boy.
To note, I've owned a NES, Gameboy, SNES, Gameboy Color, N64, GC, GBA, GBA SP, DS Lite and Wii, and still own all except the pre-DS portables. Basically every pre-this-gen Nintendo console in existence except for the Virtual Boy.
Baconsammy
Banned
Make a video of yourself throwing it into the Thames, and then buying a Vita. Put it on Youtube. 3 billion hits later maybe Nintendo will take you seriously. At this point I can't comprehend how they're not valuing every single last customer they still have. They should be bending over backwards to make you happy. Especially given how far Nintendo has fallen in that region of the world.
As awesome and as tempting as that might be, I think it might be a case of cutting my nose to spite my face. I am an Ambassador after all!
Did you try asking for the guy's supervisor? He obviously didn't have any leeway to move beyond "the script" when it came to talking with you. Yes, it's very frustrating in any situation where you are being 100% truthful in a matter, and they still refuse to believe that you aren't lying to get a free whatever. Nintendo is usually very courteous and tend to take into account past history with them. You may have just gotten a newbie who didn't have the authority to do more than play by the script.
In the final analysis, I probably would've done what you did and just paid the cost, if the only other option was for them to do nothing for my 3DSXL. I just wouldn't have been satisified only talking with someone who was obviously playing his trained part and wasn't actually listening (or able to listen) to what actually occurred with the system.
In the final analysis, I probably would've done what you did and just paid the cost, if the only other option was for them to do nothing for my 3DSXL. I just wouldn't have been satisified only talking with someone who was obviously playing his trained part and wasn't actually listening (or able to listen) to what actually occurred with the system.
Baconsammy
Banned
Can't believe how poorly they treat Ambassadors. And for people telling you to talk to a supervisor, it was the supervisor on my call to Nintendo support that denied the request to allow my daughter to redownload all her ambassador games and purchases. The customer rep wanted to allow it.
phisheep
NeoGAF's Chief Barrister
In the UK, this is implemented in the Sale and Supply of Goods to Consumers Regulations 2002 which inserted a new section 11M into the Supply of Goods and Services Act 1982. The relevant subsections of section 11M are:
Note that the words "must be taken" are stronger than in the EU directive.
I don't really understand what I'm reading. Will this help me?
Boss Doggie
all my loli wolf companions are so moe
Wait, 3ds XL scratches the top screen? Yikes, better buy a protector pad over here.
Any time I have an issue with customer service, I somehow tend to politely mention my background is in journalism.
Despite not knowing I don't work for a big news company, they suddenly feel obligated to do everything in their power to not make me angry...so ya know, if all else fails you could try that.
Despite not knowing I don't work for a big news company, they suddenly feel obligated to do everything in their power to not make me angry...so ya know, if all else fails you could try that.
Thought from you talking about this in another thread that the support people you talked to didn't have the authority to authorize a re-download, anyway?
Different situation here. The guy Chopper was talking to sounds like a temp guy who could only read from a script. Talking to a supervisor who would have the authority to override the assumption in the paperwork could've made a difference in this case.
Hori screen protector is recommended. Tricky to put on, but have used on both the regular and XL 3DS with good results.
Boss Doggie
all my loli wolf companions are so moe
With that said I haven't seen any "damages" on my top screen so far. So I should be prepared still?
phisheep
NeoGAF's Chief Barrister
Sorry. Posted late at night and forgot to translate in to human.
It means that in the UK, if you return a product within six months anything wrong with it must be taken to have been there when you bought it. (Unless of course it can be proved otherwise.) So if there's any doubt as to how damage etc occurred, the consumer gets the benefit of the doubt.
Which means N can't get away with merely asserting that there was physical damage post-sale. So yeah, it should help.
The section to quote at them is section 11M(3) of the Sale and Supply of Goods to Consumers Regulations 2002.
You mean a refurbished one. For a fee if you damaged it, of course.