That talks about mobile phones not consoles so does not apply to a 3ds
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Directive 1999/44/CE dictates
1 that
any object meeting certain criteria (incl. telephones, computers, routers etc.) that is sold to a
consumer 2 inside the
European Union,
has to carry a warranty from the seller that the device will
meet the quality that you would expect for such a device
for a period of 2 years.
A telephone is an example of such a device and is an object that comprises many parts, from the case to the screen to the radio, to a mini-computer, to the battery, to the software that runs it. If
any of these parts
3 stop working in those 2 years, the seller has to fix or replace them. What is more these
repairs should not cost the consumer a single cent – the seller has to cover the expenses (Directive 1999/44/CE, §3). If the seller has any expenses for returning it to the manufacturer, this is not your problem as a consumer.
If your device becomes defective
in the first 6 months, it is presumed that the defect was there all along, so
you should not need to prove anything.
If your device becomes defective
after the first 6 months, but before 2 years run out, you are
still covered. The difference is only that if the defect arises now, the seller can claim that the defect was caused by some action that was triggered by non-normal use of the device.
4 But in order to avoid needing to repair or replace your device, the seller has to prove that your action caused
5 the defect. It is generally recognised by courts that
unless there is a sign of abuse of the device, the defect is there because the device was
faulty from the beginning. That is just common sense, after all.
So, we finally come to
the question of rooting, flashing and changing the software. Unless the seller can prove that modifying the software, rooting your device or flashing it with some other OS or firmware was the cause for the defect,
you are still covered for defects during those 2 years. A good test to see if it is the software’s fault is to flash it back with stock firmware/OS and see if the problem persists. If it does, it is not a software-caused problem. If it is not possible to revert it stock software any more, it is also not a software-caused defect. There are very few hardware defects that are caused by software – e.g. overriding the speaker volume above the safe level could blow the speaker.
Many manufacturers of consumer devices write into their warranties a paragraph that by changing the software or “rooting” your device, you void the warranty. You have to understand that in EU we have a
“statutory warranty”, which is compulsory that the
seller must offer by law (Directive 1999/44/CE, §7.1) and a
“voluntary warranty” which the seller or manufacturer can, but does not need to, offer as an
additional service to the consumer. Usually the “voluntary warranty” covers a longer period of time or additional accidents not covered by law
6. If though the seller, the manufacturer or anyone else offers a “voluntary warranty”, he is bound to it as well!
So, even if, by any chance your “voluntary warranty” got voided, by European law, you should still have the 2 year “compulsory warranty” as it is described in the Directive and which is the topic of this article.
In case the
seller refuses your right to repair or replace the device, you can
sue him in a civil litigation and can
report the incident to the national authority. In many European countries such action does not even require hiring a lawyer and is most of the time ensured by consumers associations.
The warranty under this Directive is only applicable inside the European Union and only if you bought the device as a consumer.
hook out → I hope this encourages many of you to go and flash your devices with something Free! ☺
- EU member states must have by now imported the Directive 1999/44/CE into their national laws. So you should quote also your local law on that topic. ↩
- A consumer is a natural person who acts for their own private purposes and not as a professional. ↩
- Batteries can be exempt of this and usually hold only 6 months warranty. ↩
- E.g. a defect power button could be caused by spreading marmalade in it or hooking it onto a robot that would continuously press the button every second 24/7 – of course that is not normal or intended use. ↩
- Note that correlation is not causation – the defect has to be proven to be caused by your action, not just correlate with it. ↩
- E.g. if a device manufacturer guarantees the phone is water- and shock-proof or a car manufacturer offers 7 years of warranty against rust. ↩
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I'm pretty sure that Nintendo have a reputation of checking. It might take less time to fix the device, but that is irrelevant. If they can spend an extra couple of minutes on each job and turn 50% of their work into either chargeable repairs or new sales then it's worth it.
I know several people who bricked, claimed a system update bricked them and got the 3DS' fixed free of charge.
, but yeah i have seen mixed results, i guess it depends on who's desk it ends up and if they want to get out for dinner early 
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BakerMan:
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