German justice has just indicated to Nintendo that he must now authorize players to be able to be reimbursed for pre-orders made on theeShop, and this until the release of the title in question. Until now, reimbursement was only possible one week before the launch at the latest.
Nintendo and digital, it’s not a business that still runs very smoothly, even if the switch to the Switch seemed to demonstrate significant progress at this level. It is in terms of transactions that the builder has been in default before the courts for a few months now.
Regarding authorized refunds for pre-orders made on the eShop, Nintendo clearly stipulates on its official website that “This additional right of withdrawal allowing the cancellation of a pre-order can only be exercised no later than seven days before the release date of the software. This right of withdrawal allowing the cancellation of a pre-order does not affect your legal right of withdrawal or your legal rights in terms of warranty ”.
On appeal, Nintendo changed the reimbursement rules on two eShop
Considered to be contrary to consumer laws, the seven-day deadline led the Norwegian Consumer Rights Council and the German Consumer Protection Authority (VZBV) to take Nintendo to court. A year ago, in December 2020, a judge at the Frankfurt Regional Court ruled that the manufacturer was not at fault here.
The plaintiffs appealed against this decision, and the Higher Regional Court in Frankfurt ultimately issued a different one. Nintendo had said that from the moment the player can preload the game on his console, the transaction was then made. The judges responded to this that since it cannot be activated until the release date, “The game has no value for the purchaser and the Nintendo contract has not been fulfilled in any way”. Nintendo must therefore now allow a refund of pre-orders until the product release date. Justice in passing stressed that the European law on the right of withdrawal of 14 days, allowing a refund after the purchase, was not applicable to video games.
Nintendo has since made a change in its policy on the German and Norwegian versions of its eShop. It remains to be seen whether the other territories will be entitled to the same treatment.
Source: VZBV via VGC