Nintendo to defend their decision to not allow preorder refunds on the European eShop

Nintendo to defend their decision to not allow preorder refunds on the European eShop as their first day of court begins. The German and Norwegian government are accusing the games company for violating EU consumer law.

Full article here: https://www.pressfire.no/nyheter/Switch/14808/i-dag-str-nintendo-skolerett-mot-tyske-myndigheter-i-forhndsbestillingssaken

Nintendo to defend their decision

Norway notified Germany of a potential breach of EU consumer rights with Nintendo. Germany agreed and started work on taking Nintendo to court. Court proceedings has taken almost a year, but today marked the start of the trial. But, Nintendo to defend their decision regardless the outcome.

Summary:

  • According to Norwegian gaming website PressFire.no, who has been in contact with the court, the trial started today. Nintendo is defending, the VZBV (German consumer rights enforcer, backed by the Federal Ministry of Justice and Consumer Protection) is the plaintiff.
  • The trial is done behind closed doors and press is not permitted information about the case.
  • The trial is happening in the Frankfurt court.
  • A verdict is expected before christmas, but at the latest early January.
  • According to the article, which has an interview with the Norwegian Consumer Council, further escalation to the EU courts are on the table, pending the outcome here. This to get an updated definition of what “performance has begun” actually means for digital purchases.

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Some other points for those that hasn’t followed the case:
  • Norway is a part of the European Economic Community, which means they share many EU laws.
  • PressFire.no and Norway’s Consumer Rights Council tested the eShop for consumer unfriendly practices and found Nintendo does not allow cancellation of pre-orders at all, even before the game is released, which is in violation of Norwegian and EU law.
  • Nintendo in their reply say they don’t agree with the council, and that they aren’t breaking any laws. They say that, because you can pre-load the game instantly after pre-ordering, the “performance has begun” (which is the wording of the law), and the sales contract is fulfilled.
  • The Council however, says you can’t claim “performance has begun” until the game is playable, even though you’ve pre-loaded it.
  • Nintendo was promptly reported to the Norwegian authorities, who formally made an “enforcement request” to Germany, as Nintendo of Europe is based there. Germany promptly dragged Nintendo to court to make them abide by the laws.

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