ParaSeoul
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Nintendo loses court case over eShop pre-order restrictions
There's a new twist in the long-running saga of Nintendo's Switch eShop cancellation policy - which has for years been …
www.eurogamer.net
"A German court has overturned a previous judgement made in Nintendo's favour, and ruled instead on the side of the Federation of German Consumer Organisations (VZBV).
The VZBV successfully argued on appeal that Nintendo's current policy of only letting customers cancel pre-orders up to seven days before a game's release was unfair - since, before a game's release, there was no way for a customer to actually test the product, even if it was made available as a download".
"Nintendo had excluded the right of withdrawal and relied on a legal exception. However, the prerequisites for the right of revocation were not met, as the download made available after the pre-order did not yet contain any usable game. Until the release date, the game is worthless for the buyers and the contract of Nintendo is not fulfilled in any way."
As of today, Nintendo's eShop policy has not changed - you are still obliged to accept its terms that "Nintendo begins with the performance of its obligations before the cancellation period ends" and lose your right to cancel seven days before a game's release.
Nintendo only changed its eShop store policy last September to allow pre-order cancellations at all - albeit with that seven-day limit. Before that, payment was taken immediately on pre-purchase - at which point you could no longer cancel.
The inability to cancel pre-orders made via the eShop had been branded illegal by some European consumer rights groups, and the matter was repeatedly taken to court.
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