Nintendo Lost Court Appeal Over

In Europe, a no-refund policy for online store pre orders has led to a legal action that Nintendo won. However, the German Court of Appeal has now overturned that decision after the work of the Federation of German Consumer Organizations (VZBV) and the Norwegian Consumer Council.

Nintendo has already changed its policy slightly in September 2020, allowing pre-orders more than 7 days before the game’s release to be canceled directly from the online store or through Nintendo Account pages. For example, the pre order selection for a game that came out in less than 7 days showed the message which made it clear that there would be no right to an immediate “voluntary right to cancel”. When you select a game more than 7 days after release, you receive a long one explaining your right to cancel until that point, with payment and preload also delayed until a week before release.

The court finds that Nintendo is not complying with local laws because the content available after pre order does not contain a usable game. Before release, the purchase is useless to the consumer, and the contract with the publisher is in no way honored.

Currently, on the online store, you can still cancel your legal right to delete pre-orders within seven days of release. But as a result, the online store may change this policy soon.

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