Germany Is Unhappy With Nintendo’s eShop Pre-Order Policy

Like most video game companies, Nintendo allows gamers to pre-order their games via the Nintendo eShop. Unfortunately for Nintendo, it seems that some of its eShop policies have run afoul of regulators over in Germany where the German Consumer Protection Authority (VZBV) has decided to take Nintendo to court over it.

The problem seems to have stemmed from one of the eShop’s policies which does not allow gamers to cancel their pre-orders and get a refund. The issue with the policy actually started in Norway earlier this year, and a report from Norwegian site PressFire revealed that the issue has since spread to Germany where Nintendo of Europe is stationed.

Nintendo had previously argued that theirs is a pre-loading process (meaning that customers can download the game ahead of its release but not play it) and cited article 16 of European Consumer Law Directive 2011/83 where if “the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader”.

According to the Norwegian Consumer Council’s original argument, “The company plainly states that all purchases are final. According to the right of withdrawal laid down in the Consumer Rights Directive, such terms are illegal. Until the game can be downloaded and launched, the seller cannot prohibit the consumer from cancelling their pre-order.” Whether or not Nintendo will be successful in defending themselves remains to be seen.

Tyler Lee
Categories: Gaming
Tags: Legal, Nintendo, nintendo switch