Rights when purchasing a defective product.

Questioner

On November 22nd I ordered a new Nintendo Switch Oled online via M. On Saturday December 9th I tried to set it up and charge it. Nothing happened when charging, it didn't work. This was by plugging the plug into the socket. Then I tried it with the special holder but nothing happened here either. First called M. on Sunday, but had to come by, tried with a plug, didn't work either. The Nintendo had to be sent. They did that, I wasn't happy with that because it came new out of the box but there was no other option so you do that. I also indicated this by email that I wasn't happy with this but it all turned out fine and it was within the warranty. On December 20th I received an email with a price quote of 48.00 euros, paying was actually the only choice you had otherwise they wouldn't make the device, the fact that it was defective was of course not covered by the warranty because it was due to the way it was connected, so in other words to myself. On December 22nd an agreement was given to make it. In the meantime I have called and emailed several times asking if this could be made for my daughter's birthday on December 29th. Unfortunately I have not heard anything from M. Also via the update nothing happened until the 22nd. Tomorrow is my daughter's birthday, unfortunately no Nintendo for her birthday. It is also not a cheap gift and I do not understand why I have so much hassle with a new Nintendo Switch. My question is can I still do something with this? I am certainly not satisfied with the way this is being handled.

Lawyer

In your situation, it seems that the seller (M.) is not meeting these obligations. The fact that you are getting a quote for the repair of a device that is new and under the legal guarantee is not in line with consumer law. You may want to consider taking legal action: Contact the Seller: Repeat your claim to the seller and refer to your rights under consumer law. You can state that you are requesting a free repair, replacement, or a refund of the purchase price. Legal Advice: Consider obtaining legal advice to enforce your rights. Disputes Committee or Consumer Organisation: If the seller does not cooperate, you can submit your case to a disputes committee or a consumer organisation. It is important to keep all communications with the seller as evidence for any further steps. When purchasing a defective product, you have certain rights as a consumer in the Netherlands and within the European Union. These rights are laid down in both Dutch and European consumer law. Here are the most important points: Conformity: According to the Dutch Civil Code, a product must meet the expectations that the consumer may reasonably have. If a product shows a defect upon delivery, this is considered a lack of conformity. Warranty period: Within the EU, a statutory warranty of at least two years applies to products. Within this period, you are entitled to a free repair or replacement, unless the seller can prove that the defect was caused by incorrect use. Burden of proof: During the first six months after purchase, the burden of proof lies with the seller. If a product becomes defective within this period, it is presumed that this defect already existed at the time of delivery, unless the seller can prove otherwise. Repair or Replacement: If the product is defective, you generally have the right to choose between repair or replacement, unless this is impossible or involves disproportionate costs for the seller. Cost: Repair or replacement must be free of charge. This includes all costs to get the product into working order, including shipping. Cancellation of the Purchase: If repair or replacement is not possible, or if this cannot be carried out within a reasonable time and without serious inconvenience, you can cancel the purchase or demand a price reduction.