Bart Smit to provide accurate information about Nintendo

Toyshop Bart Smit has been called to account by the Netherlands Consumer Authority (Consumentenautoriteit) for providing inaccurate information about guarantee rights for Nintendo products. When purchasing a Nintendo product, consumers were handed a form stating that should problems with the Nintendo product arise, the consumer should contact Nintendo to resolve the problem. This approach was reported by the Dutch Consumers’ Association (Consumentenbond), following which the Netherlands Consumer Authority took action. Bart Smit immediately promised to change its approach.

Consumers are legally entitled to a sound product. Customers with a complaint about a purchased product should always be able to have their complaint addressed by the retailer, Bart Smit in this case. These legal rights can be supplemented with a manufacturer’s warranty, but this does not release the retailer from its responsibility towards the consumer. Bernadette van Buchem, Director of the Netherlands Consumer Authority, notes: ”A lot of these kinds of products are sold right before Saint Nicholas and Christmas. Therefore, the Netherlands Consumer Authority finds it important to act to stop such practices.”

Bart Smit has submitted an undertaking stating that the practices have been ceased and that it will no longer provide inaccurate information. In the event of complaints, Bart Smit will observe the statutory provisions and will no longer simply refer to Nintendo. In the case of faulty products, the consumer is entitled to repair or replacement, free of charge, if the product does not meet the expectations that the consumer can have about the product on the basis of the agreement. Bart Smit will point out to consumers that they can contact or visit Bart Smit branches in the case of problems.

Bernadette van Buchem, Director of the Netherlands Consumer Authority, notes: ”We are happy that Bart Smit acted quickly and that the retailer is prepared to respect the legal rights of the consumer. Naturally, we will continue to closely monitor for any infringement on the regulations. If this should occur again, we will not hesitate to resort to formal enforcement.”