Am I entitled to a refund from the E-shop?

Trojan Donkey

This may not be the correct forum to post this in but because it's the Nintendo E-shop, I'll post it here.
Ok, so I decided for the first time to buy from the E-shop. I put €20 into my E-shop funds and bought four games, each costing €4.99.
- Super Mario Bros. Deluxe
- Super Mario Bros. The Lost Levels
- Super Mario Bros. 2
- Super Mario Bros. 3

This is my problem, after downloading and playing them for a while, I discovered that Super Mario Bros. The Lost Levels is included in Super Mario Bros. Deluxe. So I wasted €5.

The E-shop did not state on either of the game's descriptions that The Lost Levels was included in Deluxe.
I bought these games on the 23rd of this month and contacted Nintendo Support on the 25th, explaining my situation.
So, am I entitled to a refund?

Merces

No. The Lost Levels was a bonus in Super Mario Deluxe and is an unlockable. It's also not as good a port as the NES version of Lost Levels.

Trojan Donkey

Merces wrote: »

No. The Lost Levels was a bonus in Super Mario Deluxe and is an unlockable.

I have already said that I didn't know that and that the game's description should have given me that information.

Trojan Donkey

Well when I get a response from Nintendo Support I'll post what they say.

Nollog

They most likely won't refund you.

I'm not a lawyer so I dunno if you're entitled or not.

GhostInTheRuins

No I don't think so unfortunately. The last thing that you have to agree to before you buy something from the eshop is that there are no refunds.

I'm interested in seeing what Nintendo say though.

Banjo

You don't have much of a case. You bought a game, you got the game you bought. The responsibility for ensuring the game you buy is something you want is on you. Nintendo just provide the means for you to purchase it. "I didn't know" is not the basis for a complaint. For example, if you google "Super Mario Deluxe" the first hit preview states "Apr 2, 2015 - Super Mario Bros. Deluxe is a remake of the 1985 Super Mario Bros. and 1986 Super Mario Bros.: The Lost Levels games."

As already mentioned, the 2 games are for 2 different platforms and so can be considered to be discrete releases even if there's crossover in content.

Aside from that, you can't process the purchase of games as a batch - you bought these individually, so even if there was some responsibility on the vendor - which there isn't - to make sure you're spending sensibly, they would have to take your entire back catalog into account. And who's to say you're not starting some sort of digital Mario collection that contains every Mario release for every platform on the VC?

One question to ask yourself - why did you go for Super Mario Bros. Deluxe vs the standard Super Mario Bros. ? Because it was Deluxe? What did you think made it deluxe? And if you didn't know, why didn't you try to find out?

Anyway, good luck, but have very low expectations.

Nollog

Is the EU distance-selling rule only for services, would an eShop game be a service since it's just a license?

Steam have to refund you *for any reason* within 14 days, Nintendo might have to.

Geniass

Just to clarify, this is about 4 euro and ninety nine cent?

The stress already incurred and the amount of time spent together with the improbability of getting a refund it is so not worth it.

chrislad

I'd be more concerned with how crap Deluxe looks on the 3DS. Would have been better off getting the NES version as the screen size is better.

Nollog

Geniass wrote: »

Just to clarify, this is about 4 euro and ninety nine cent?

The stress already incurred and the amount of time spent together with the improbability of getting a refund it is so not worth it.

I'll buy and try to return Splatoon on the eShop for you, so the 40 euro will please your astute sense of value.

Banjo

if you downloaded Testfire it's only €35 quid. So if Nintendo give you back 40 and realise their mistake, they're going to be stressing out about getting you to refund them €4.99 and the cycle begins again!

Nollog

Banjo wrote: »

if you downloaded Testfire it's only €35 quid. So if Nintendo give you back 40 and realise their mistake, they're going to be stressing out about getting you to refund them €4.99 and the cycle begins again!

There's stress however we go about returns

Trojan Donkey

Geniass wrote: »

Just to clarify, this is about 4 euro and ninety nine cent?

The stress already incurred and the amount of time spent together with the improbability of getting a refund it is so not worth it.

That's it! I'm bringing this to court if I don't get my money back!

Oh and quick question. Does the Consumer Protection Act or some EU policy that states that I am entitled to a refund because of misleading descriptions overpower Nintendo's E-shop policy?

Trojan Donkey

Banjo wrote: »

You bought a game, you got the game you bought. The responsibility for ensuring the game you buy is something you want is on you. Nintendo just provide the means for you to purchase it.

No, I didn't. It's one of my rights to be refunded when the game I bought wasn't like it was told to be in the description. I'm talking about the E-shop description. The consumer is not responsible for finding out about what they're buying by going to other sources. It's the seller's responsibility to give me the goods/services they are describing.

Nintendo owns the game. I'm buying their product.

Nollog

Trojan Donkey wrote: »

Does the Consumer Protection Act or some EU policy that states that I am entitled to a refund because of misleading descriptions overpower Nintendo's E-shop policy?

Laws always over-power a EULA, because as a contract, an EULA can't break, or even encourage a break in any law.
Again I'm not a lawyer, that particular understanding is from business class at leaving cert level :pac:

Star Lord

So you're talking about taking Nintendo to court over €4.99, because Mario Bros Deluxe contains a bonus of The Lost Levels?
G'luck with that, and let us know how you got on.

Trojan Donkey

Star Lord wrote: »

So you're talking about taking Nintendo to court over €4.99, because Mario Bros Deluxe contains a bonus of The Lost Levels?
G'luck with that, and let us know how you got on.

Whatever the cost, Nintendo shouldn't be doing this.

It's clearly a scam.
Firstly, neither of the descriptions of the games say that "The Lost Levels" is included in "Deluxe". Secondly, the description of "Deluxe" mentions everything about it "and much more". That "much more" isn't much - it's only a copy of "The Lost Levels". Thirdly, "The Lost Levels" doesn't unlock until you reach 300000 score. And fourthly, It doesn't even say that "The Lost Levels" is included or is unlocked after 300000 score anywhere in-game. So if someone doesn't have 300000 score yet, they wouldn't know about "The Lost Levels" and in the meantime, possibly purchase "The Lost Levels" as a separate game.

chrislad

Trojan Donkey wrote: »

No, I didn't. It's one of my rights to be refunded when the game I bought wasn't like it was told to be in the description. I'm talking about the E-shop description. The consumer is not responsible for finding out about what they're buying by going to other sources. It's the seller's responsibility to give me the goods/services they are describing.

Nintendo owns the game. I'm buying their product.

To be honest, I looked at it and it's fairly descriptive. I don't think you have a leg to stand on. You got what was was expected, Super Mario Bros, and then some more. Having playing SMBD on the 3DS, I can honestly say that the NES version of Lost Levels you paid for will be a lot more playable and enjoyable that the GBC version.

Star Lord

Yeah... Locking this thread as I'm not convinced that the OP is genuine.

OP even if you are, you're essentially going down the road of legal discussion, which isn't really allowed.