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Don't know how it is in UK but in the USA no one is allowed to send you stuff unsolicited that pushes some obligation onto you. Even an obligation to return a

Don't know how it is in UK but in the USA no one is allowed to send you stuff unsolicited that pushes some obligation onto you. Even an obligation to return a shipping error to them. You probably got a free Switch. And with their subsequent behaviour, a well deserved one.

MatthewWilkes 9y ago
In the UK that only applies to unsolicited goods, not to genuine errors. So, if Nintendo were to send you a switch and then ask you to pay for it, sure, you can ignore the demand. If you buy a switch from Nintendo and they send you two you have no right to keep the second (or third, in this case). That said, if the seller makes a mistake then they need to rectify it entirely, they can't demand you wait around for a courier at an inconvenient time or get you to pay for postage.
jads 9y ago
Prefacing this with IANAL. US seems to just have a more broad term for goods delivered that you didn't order and refers to it as "unordered merchandise"[1]. You're pretty much free to keep it, it seems. The UK is more specific for what is classified as "unsolicited" and what is considered goods delivered to someone else by mistake[2]. Companies have a right to get their product back if it's the latter. Since the author did order a switch, a duplicate delivery would very likely be considered a mistake. If the author never ordered a Switch (and never paid for it) in the first place, they'd definitely be able to keep it. Regardless, if this is the way Nintendo asked for the second Switch back, they were completely out of line. [1] https://www.consumer.ftc.gov/articles/0181-unordered-merchandise https://www.consumer.ftc.gov/articles/0181-unordered-merchan... [2] https://www.saga.co.uk/magazine/money/spending/consumer-rights/can-i-keep-goods-delivered-to-me-by-mistake https://www.saga.co.uk/magazine/money/spending/consumer-righ...
GuB-42 9y ago
In France, you don't get the free stuff. You have to give it back if the owner comes home to get it. You are not required to do anything else. You also have to notify the sender if it is a honest mistake. If it is accompanied by a request for payment, this is a penal offense. If the law is similar in the UK, Nintendo is mostly in the right. However, I don't think they have the right to ask the guy to be at home at a time of their choice. Most countries have laws regarding that practice, but the details can be very different.

MatthewWilkes 9y ago

In the UK that only applies to unsolicited goods, not to genuine errors. So, if Nintendo were to send you a switch and then ask you to pay for it, sure, you can ignore the demand. If you buy a switch from Nintendo and they send you two you have no right to keep the second (or third, in this case). That said, if the seller makes a mistake then they need to rectify it entirely, they can't demand you wait around for a courier at an inconvenient time or get you to pay for postage.

jads 9y ago

Prefacing this with IANAL. US seems to just have a more broad term for goods delivered that you didn't order and refers to it as "unordered merchandise"[1]. You're pretty much free to keep it, it seems. The UK is more specific for what is classified as "unsolicited" and what is considered goods delivered to someone else by mistake[2]. Companies have a right to get their product back if it's the latter. Since the author did order a switch, a duplicate delivery would very likely be considered a mistake. If the author never ordered a Switch (and never paid for it) in the first place, they'd definitely be able to keep it. Regardless, if this is the way Nintendo asked for the second Switch back, they were completely out of line. [1] https://www.consumer.ftc.gov/articles/0181-unordered-merchandise https://www.consumer.ftc.gov/articles/0181-unordered-merchan... [2] https://www.saga.co.uk/magazine/money/spending/consumer-rights/can-i-keep-goods-delivered-to-me-by-mistake https://www.saga.co.uk/magazine/money/spending/consumer-righ...

GuB-42 9y ago

In France, you don't get the free stuff. You have to give it back if the owner comes home to get it. You are not required to do anything else. You also have to notify the sender if it is a honest mistake. If it is accompanied by a request for payment, this is a penal offense. If the law is similar in the UK, Nintendo is mostly in the right. However, I don't think they have the right to ask the guy to be at home at a time of their choice. Most countries have laws regarding that practice, but the details can be very different.