Nintendo Loses eShop Pre-Order Restriction Court Case.
A German court overturned a previous ruling concerning Nintendo’s Switch eShop cancel policy. This policy has been a contentious issue for European consumer rights organizations for some time.
The Federation of German Consumer Organisations has successfully argued against Nintendo’s policy of allowing pre-order cancellations for up to one week before a game’s release. This policy is designed to prevent players from trying the pre-ordered game.
This is a summary of the VZBV case on VZBV.de. Translated by Nintendo Life.
Before the official release date, Nintendo had offered video games to download from its e-shop. The download usually included a software-comprehensive “pre-load” of the game and an icon displayed on the game console. Updates were required to unlock the game. These online purchases are usually revocable within 14 days, without any explanation.
Nintendo had withdrawn from the withdrawal rights and relied on a legal exception instead. The prerequisites for a right to revocation were not met as the downloaded file made available after pre-order didn’t contain any playable games. The game is ineligible for purchase until the release date, and Nintendo has not fulfilled its contract.
Nintendo has not yet changed its cancellation policy to comply with the ruling. It is unclear how or if Nintendo will modify its cancellation policy in Europe.
