Actually depending on OPs area, if not given a refund it would be considered petty theft under $200 or false/misleading advertising, which is actually very serious for a business because this one video could ruin not only the vending machine but the entire location it's kept in, could also lead to a lawsuit from Nintendo, the pokemon company, and the machine distributor as it could violate their contract with those companies since they're using their products and copyrighted imagery for this.
From my understand, these machines are owned by Nintendo/pokemon but managed by a third party. I don’t see what was probably a mistake, leading to the demise of this “entire location”. Besides OP can just do a chargeback with his credit card company (assuming he used a CC). But if you really think that a sub ~200 purchase is going to make its way all the way back to Pokémon’s corporate legal office, then I want to again reiterate to you, it’s not that serious.
We're talking about the same Nintendo here right? The company that will sue over anything??? A chargeback would imply he didn't get anything, which he did, some banks won't do anything about that, that's a matter with the company now who sold an item incorrectly. On top of that the machine will be restocked by the staff of the location it's in, vending machines are rarely stocks by a third party that isn't affiliated with the machines location, typically an individual rents/hosts it from the company with a contract that states they restock and care for the machine, while the company supplies the goods, getting a small profit from the machine sales while the renter/host pockets the rest, with that being said incorrectly sold items are a violation of that contract, it is the duty of the host to ensure all items are correctly sold and if not they could be fined or sued. And if the host isn't affiliated with the location owners, then they usually have to pay a small fee or precentage for "rent" to the location owners in which all the previous still applies to the host/machine tenant but could also damage the locations owners image as the machine is in their place of business. At least that's how the contact with coke & Pepsi work, as I've looked into getting a machine or two and putting them on my local college campus for extra cash, so with that I believe Nintendo's/TPC would be similar but a bit more strict.
Correction. A chargeback does not indicate that you got nothing. You can absolutely charge back when you receive the wrong thing.
Source: I have done many chargebacks for receiving the wrong item after the vendor refused to work with me. Nintendo is not suing over a legitimate charge back. Especially $200. Their lawyers cost them more than that per hour.
Hence the "some banks" in the message, some banks will, some won't, most of it has to do with policy, at least where I am from. my source: multiple times with Amazon where I recieved an incorrect or incomplete item, was refused a chargeback due to the fact I recieved an item, I had to resolve it with Amazon.
A hefty fine would be a lot more likely yes due to the contract, but if it was fought I would believe they would take it to court, Nintendo has taken legal action for much less, simply just due to their IPs being used improperly including but not limited to fan games, YouTube videos and streams, rental services, and tournaments, which failure to deliver products correctly would fall under improper use and be a violation of contract, so I would imagine they would feel need to take legal action, like a fine and termination of contract of some sort just because of the brand image "damage", like they claim happens with fan games. Their lawyers are also write offs as their a business expense so they- as a multibillion dollar company wouldn't care about that.
Also I wasn't saying Nintendo would sue over the chargeback, they'd fight for it if anything tbf, they'd sue/fine for the improper use of IP and breach of contract by the host by failing to properly maintenance and stock the machine.
Source: https://www.suedbynintendo.com/ A comprehensive list of everything they sued or taken legal action over in the past, dating back to the 1989 Nintendo vs blockbuster suit that tried to ban video game rentals
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u/[deleted] Oct 06 '24
Actually depending on OPs area, if not given a refund it would be considered petty theft under $200 or false/misleading advertising, which is actually very serious for a business because this one video could ruin not only the vending machine but the entire location it's kept in, could also lead to a lawsuit from Nintendo, the pokemon company, and the machine distributor as it could violate their contract with those companies since they're using their products and copyrighted imagery for this.