European court: Nintendo does not have to refund pre-order money



Most game publishers usually allow players to cancel pre-orders, giving them refunds. Exceptions to this rule include Nintendo, which in its online store with digital copies of games forces consumers to sell your right of withdrawal. German and Norwegian consumer protection authorities have concluded that the Japanese company's policy is incompatible with European law, and therefore decided to take this case to court. Unfortunately, this did not go their way.

The Norwegian Consumer Protection Council has expressed its concern about Nintendo's digital sales practices as early as 2018, claiming that the company is breaking the law in Norway and the EU. Although European consumers have the right to cancel their pre-order game before it hits the market, anyone who purchases at the Nintendo eShop (Nintendo eShop) must opt ​​out of the right to withdraw from the contract by checking the "I agree" box at the following text:

"I agree that Nintendo begins providing the service before the cancellation period expires. I confirm that in this way I lose my right to withdraw from the contract. "

As Norway does not belong to the European Union, the Norwegian Consumer Protection Council could not itself have brought Nintendo in court on behalf of all of Europe. However, at her request, the German Consumer Protection Office did it. He took the case before the Frankfurt District Court.

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Unfortunately, as reported by the Norwegian PressFire website, just before Christmas the court issued a decision in favor of Nintendo. Thus, not only that the Norwegian Consumer Protection Council and the German Consumer Protection Office did not win any changes in the Japanese company's policy, they were forced to pay its court fees.

Apparently, Nintendo's defense invoked art. 16 of EU Directive 2011/83 / EU, claiming that the consumer loses the right to withdraw from the contract if "Performance has begun with the consumer's prior express consent and after he has acknowledged that he will lose his right to withdraw from the contract as soon as the contract has been fully performed by the trader". Nintendo believes that pre-orders placed in his store comply with this right, because at the time of ordering the consumer immediately gets the opportunity to pre-download at least some of the game's files (although access to this game is often not available for the next months). The court finally agreed with this interpretation.

Of course, the Norwegian Consumer Protection Council and the German Consumer Protection Office appealed against the court's decision. In their view, it cannot be said that the service was delivered since the consumer does not have access to the downloaded game until its release. I wonder how things will go on. Well, it reminds me to stick to the following rule:

no preorders

Source: PressFire