Nintendo Recurring Defect

Questioner

I would like to ask a question again about my defective Nintendo switch oled. I already sent a message in December asking what I was entitled to as a consumer. I then received a message that I have consumer rights to a product that does not meet expectations. I neatly worded this in a letter with a demand, I could only send this to M via a contact form. M did not respond to this at all. I then took the Nintendo back to M., because I actually did not get any further than the letter that I had already sent and had not received any response to that, only that I could offer the Nintendo for repair again. I took it back on January 27 and was able to pick it up again on February 15. Now the battery had been replaced. Checked on the spot; it was being charged. The Nintendo was also charged again at home for the first few days. On Saturday February 17, the holder of the Nintendo that both charges and connects to the TV did not work. I immediately filled out another contact form. I also indicated that I actually have very little confidence that this will turn out well. That I now demand my money back + the costs incurred for games and then not to mention the petrol and parking costs. Then I only get a message that I have to go to Zwolle again to offer the Nintendo for repair. 3 times should be the charm and hopefully I will finally get a new one, but actually I only want my money back. In the meantime, the plug no longer charges, so when the Nintendo is empty, my daughter cannot play with it again. The Nintendo has now been at M. for repair more than my daughter has been able to play with it. That should not be allowed with a new Nintendo. (22-11-2023 purchased online). What is the best thing for me to do now? Offer it for repair again or send a letter to M. again stating my rights?

Lawyer

Good morning, If you bought the product as a consumer, the law states that you must give the seller at least one opportunity to repair the product. In principle, this repair attempt may not cost you any money. It is up to you whether you give the seller another opportunity to repair the product. You are not obliged to do so. If the seller fails to repair the product (even after the first attempt), you can cancel the purchase agreement and ask for your money back. The process must be done in the correct manner. Feel free to contact us to discuss the possibilities. Gr, Mr. Mr. S. Leito FerLei Legal 06-49175526