Consumers can now cancel digital pre-orders
The Norwegian Consumer Council has won its appeal against Nintendo for refusing to allow cancellations or refunds on Nintendo eShop pre-orders, which could result in far-reaching ramifications across Europe.
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As reported by the Norwegian site pressfire.no, the Norwegian Consumer Council, the Norwegian Consumer Agency, and equivalent bodies in Germany have won an appeal in the Oberlandsgericht Frankfurt (Frankfurt Higher Regional Court), with the court ordering Nintendo to “shut down its current practices with regard to pre-orders” should be closed”. ,
As of now, customers are pre-ordering the digital game on the Nintendo eShop Faces critical restrictions on canceling their orders. Although Nintendo states that it provides a statutory right of 14 days to cancel, it adds that “this statutory right to cancel terminates earlier with respect to contracts that are in connection with the supply of digital content.” which is not supplied on a tangible medium if we have begun with our performance You have expressly agreed that we may begin with our performance before the cancellation period ends and you have accepted done that you lose your right to cancel.
Nintendo has argued that it “began with our performance” when ordering by asking customers to check a box that acknowledges this is the case.
However, Pressfire reports that “the court says Nintendo’s interpretation of the law, where the company believes the ‘demonstration’ of the product has begun when someone downloads parts of the game, is correct.” No” (via online translation).
The Frankfurt Court has also stated that “the data downloaded after the order is completed is not a working game” and it appears that Nintendo’s definition of launching its own service is no longer there.
The ruling ordered Nintendo to “stop the practice of requiring consumers to relinquish their right to cancel their pre-orders within 14 days” and set some heavy consequences if the company did not do so. These include fines of “up to” €250,000 (£212k) per violation or “imprisonment of up to six months for the general manager if this is not taken into account”.
The ruling reverses a previous hearing that came out in Nintendo’s favor.
Although the decision was legally binding only in Norway, as the country is part of the EEC and follows and enforces EU consumer laws, the ruling would carry weight across the EU.
Nintendo implemented the changes immediately and now offers A guide on canceling pre-orders, It looks like the UK, now a non-EU country, will also benefit from this decision, which is reflected in Nintendo’s .co.uk domain.
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