Question from a reader:
I’m concerned about the resale issue of the Nintendo SWITCH2. Recently, I’ve heard that some people are selling “photos of the console” instead of the actual console. The description supposedly states, “I will send you a lovely photo,” and there are stories of people who accidentally purchased it, only to point out that the category is games
and were able to cancel their orders. So my question is, if someone draws a handmade maze or a spot-the-difference on the back of the photo, would it be legal to sell the photo under the games category?

The Resale Issue of Nintendo SWITCH2 and Its Legal Aspects

Recently, the resale market for the Nintendo SWITCH2 has been bustling. However, a peculiar case has emerged within it: the act of selling “photos of the console.” What does this mean? I would like to explore the legality and legal issues surrounding this matter.

The Current State of the Resale Market

The resale market arises when the balance of supply and demand for products is disrupted. The SWITCH2, being a popular product, has attracted significant attention even before its release. As a result, resellers have targeted it for high-priced sales. As demand increases, those unable to obtain the product feel anxious and end up purchasing it at exorbitant prices. This is a classic example of the collapse of the balance of supply and demand in the economy.

The Legality of Selling “Photos of the Console”

Now, let’s consider the legal aspects of selling “photos of the console.” There are several points to keep in mind regarding this act. First, stating in the product description that “I will send you a lovely photo” and actually selling the photo may seem legal at first glance. However, the issue arises from the fact that the category is listed as games. In this case, what the buyer is seeking is the actual SWITCH2 console, and receiving only a photo would lead to disappointment. This could potentially violate consumer contract laws and the Act against Unjustifiable Premiums and Misleading Representations.

From the Perspective of Consumer Contract Law

Consumer contract law is designed to prevent consumers from suffering damages due to unfair transactions. According to this law, hiding important information or making false representations in a transaction is prohibited. If someone who purchased a “photo of the console” finds that they cannot obtain the actual console and feels deceived, this is likely to violate consumer contract law. In fact, a friend of mine had a similar experience. He bought a game software on an online marketplace, but what arrived was just a sample package. As a result, he was able to request a cancellation and receive a refund, but such experiences are very unpleasant for consumers.

Unjustifiable Premiums and Misleading Representations

Next, let’s look at this from the perspective of the Act against Unjustifiable Premiums and Misleading Representations. This law prohibits misleading representations of products and services. In other words, it is not permissible to indicate that the product being sold is different from its actual content. If selling a photo leads to a misunderstanding that one will receive the actual SWITCH2 console, this would also violate the law. Even if a handmade maze or spot-the-difference is drawn on the back of the photo, it is questionable whether this would be recognized as a “game” by consumers seeking the actual console. Rather, what consumers expect is the console itself, not a photo or handmade artwork. Such actions are likely to fall under false representation.

Considering Legal Risks

Based on the considerations so far, it is clear that selling “photos of the console” in the resale market carries legal risks. If a buyer feels deceived, they may take legal action, so risk management is necessary for resellers. In fact, recent news has reported an increase in cases where resellers are being sued. They often sell products at high prices and deliver items that differ from what consumers expect, leading to legal troubles. Personally, I believe such actions are ethically problematic. Ultimately, the resale market not only disrupts the balance of supply and demand but also engages in actions that make consumers unhappy.

In Conclusion

In conclusion, selling “photos of the console” for the SWITCH2 is highly risky from a legal standpoint. There is a possibility of violating consumer contract law and the Act against Unjustifiable Premiums and Misleading Representations, as well as the danger of being sued by consumers who are protected by law. While the resale market can indeed leverage the balance of supply and demand to generate profit, it is essential to remember that this comes with ethical responsibilities. If you are considering resale, I encourage you to pay attention to this aspect as well. Ultimately, building a trusting relationship with consumers is what leads to long-term business success. Through this issue, I was able to consider not only the legal perspective but also the psychological aspect. Understanding what people seek and what they expect is crucial in business.